Legal News in Sunday’s NYTs

An article on Justice Stevens here.

And an article on attacks on law school clinics here.

Osage Nation Petition for Rehearing Reservation Disestablishment Case

Here: Osage Petition for Rehearing

Earlier materials are here.

Wolfchild Petition Stage Briefing Complete

Here is the petitioner’s reply: Wolfchild Reply in Support of Petition

Earlier briefs are here.

Tribe Loses Summary Judgment Motions in Chehalis Great Wolf Lodge Case

Sure to be appealed….

Order Granting SJ Dkt. #181

Briefs are here.

DCT Affirms Tribal Authority to Impose Consecutive Sentences More than One Year

Here is the order in Bustamante v. Valenzuela: Bustamante Order.

The district court judge rejected a magistrate recommendation (here).

Tenth Circuit Holds that ERISA Applies Retroactively to Indian Tribes

At issue in Dobbs v. Anthem BCBS is whether 2006 Amendments to ERISA that incorporate Indian tribal government retirement plans apply retroactively to the Southern Ute Tribe plan. The CA10 remanded to determine whether Southern Ute’s plan is  a “governmental plan.”

Here are the materials:

Dobbs CA10 Opinion

Dobbs Opening Brief

Anthem Brief

Dobbs Reply Brief

Southern Ute Amicus Brief in Support of Affirmance

Arctic Slope Native Assn. v. Sebelius Cert Petition

Here: Arctic Slope Cert Petition (and with the Appendix — Arctic Slope Cert Pet & App)

And the Federal Circuit decision: Federal Circuit Opinion

Question presented (I’m so happy when there’s only one):

Whether, contrary to the decisions of three other Circuits and this Court’s precedents, the Federal Circuit erred in holding that the filing of a class action against the government does not toll the deadline for asserted class members to exhaust their administrative remedies.