Author: Matthew L.M. Fletcher

California Federal Court Dismisses Suit by Treatment Center against Salt River

Matthew L.M. Fletcher

Here are the materials in Dedicato Treatment Center Inc. v. Salt River Pima Maricopa Indian Community (C.D. Cal.):

22 DCT Order Dismissing under Rule 19.pdfDownload
24 First Amended Complaint.pdfDownload
36-1 Motion to Dismiss.pdfDownload
38 Opposition.pdfDownload
39 Reply.pdfDownload
40-1 Motion for Sanctions.pdfDownload
42 DCT Order.pdfDownload

New Student Scholarship on Ecocide as Prosecutable Genocide

Matthew L.M. Fletcher

Abbey Koenning-Rutherford has published “Dishonoring the Earth: Ecocide as Prosecutable Genocide Against Indigenous People” in the Georgetown Law Journal. PDF

Here is the abstract:

Global Indigenous people exist as one with the environment, with no western binary between people and nature. Destruction of Indigenous people is reciprocal with environmental destruction. Indigenous people, though only six percent of the global population, protect eighty percent of the world’s biodiversity and occupy exceedingly environmentally vulnerable regions. Because of these reasons, the International Criminal Court (the “ICC”) could be utilized to achieve justice by prosecuting ecocide as genocide, should impacted Indigenous peoples choose to utilize it

Arizona COA Holds State Court Does Not Have Jurisdiction over Tribal Member Defendant in Claim Arising on State Highway on Reservation

Matthew L.M. Fletcher

Here is the opinion in Medina v. Estate of Cody:

1 CA-CV 22-0709 – Medina v. Chee – Opinion.pdfDownload

An excerpt:

The issue before us is whether a plaintiff who is not an enrolled tribal member may bring a civil tort case in state court against an enrolled tribal member for conduct occurring within tribal reservation boundaries but on a stretch of land for which the State has been granted a highway right-of-way easement. We hold that a non-tribal plaintiff bringing such a case cannot hale a nonconsenting enrolled tribal member defendant into state court for actions arising out of conduct on the defendant’s reservation, even when that conduct occurs on a state highway. Accordingly, we affirm.

Heather Tanana to Speak at UMLS Next Week

Matthew L.M. Fletcher

Cougar Den Prevails in Administrative Proceeding Initiated by Washington State’s Continued Effort to Impose Motor Fuel Tax Despite Losing at SCOTUS

Matthew L.M. Fletcher

Here are the materials in In re Cougar Den Inc. (Wash. O.A.H.):

Cougar Den Motion for Summary J

Dept Motion for Summary J

Cougar Den Opposition

Dept Response

Cougar Den Reply

Dept Reply

 

Initial Order on Summary Judgment Motions

Yeesh, they were right about Dall-E being expert at generating bad art: “cougar driving a truck in the style of the simpsons”

SCOTUS Denies Two Indian Law Cert Petitions

Matthew L.M. Fletcher

Here is today’s order list.

The two denied petitions are Bird Industries v. Tribal Business Council of the Three Affiliated Tribes of the Fort Berthold Indian Reservation and Sauk-Suiattle Tribe v. City of Seattle.