Buena Vista Rancheria Brings Federal Common Law Nuisance Action against Surface Lands Strip Mining Company

Here is the complaint in Buena Vista Rancheria of the Me-Wuk Indians v. Pacific Coast Building Products Inc. (E.D. Cal.):

Second Circuit Allows Thruway Trespass Suit against New York to Proceed

Here are the materials in Seneca Nation v. Hochul:

Lower court materials here.

Ninth Circuit Rejects Leadership Claims of Alturas Rancheria Faction

Here is the opinion in Alturas Indian Rancheria v. Bernhardt.

Briefs and lower court materials here.

Litigation in North Dakota Federal Court over Turtle Mountain TERO Power to Assess Nonmember Business on Trust Lands

Here are the materials so far in Hanson v. Parisien (D.N.D.):

United States Brings CERCLA Action Involving Lower Duwamish River on behalf of Muckleshoot and Suquamish and others

Here is the complaint in United States v. Lynden Inc. (W.D. Wash.):

Fourth Circuit Affirms Certification of Class Action against Tribal Payday Lending Operation [that’s kinda what this case is now, kinda]

Here is the opinion in Williams v. Martorello.

An excerpt:

This class-action proceeding relates to a lending scheme allegedly designed to circumvent state usury laws. Matt Martorello appeals from three district court rulings that (1) reconsidered prior factual findings based on a new finding that Martorello made misrepresentations that substantially impacted the litigation, (2) found that the plaintiffs- appellees—Virginia citizens who took out loans (the “Borrowers”)—did not waive their right to participate in a class-action suit against him, and (3) granted class certification.
In particular, Martorello argues that the district court violated the mandate rule by making factual findings related to the misrepresentations that contradicted this Court’s holding in the prior appeal and then relying on those factual findings when granting class certification. He also contends that the Borrowers entered into enforceable loan agreements with lending entities in which they waived their right to bring class claims against him. In addition, he asserts that common issues do not predominate so as to permit class treatment in this case.
As explained below, we disagree with Martorello. We conclude that the district court did not violate the mandate rule and that the Borrowers did not waive the right to pursue the resolution of their dispute against him in a class-action proceeding. Finally, we conclude that the district court did not abuse its discretion in granting class certification because common issues predominate. Accordingly, we affirm the rulings of the district court.

Briefs here.

Lower court materials here.

American Indian Justice Conference Call for Papers

The 2023 American Indian Justice Conference (AIJC) is planned for May 3-4, 2023 in Reno, NV. The conference planners for this event are the National Criminal Justice Training Center of Fox Valley Technical College (NCJTC), the Tribal Judicial Institute at the University of North Dakota (TJI) and the National Tribal Judicial Center (NTJC). We are seeking presentation proposals from BJA training and technical assistance providers and partners. 

Please complete the online call for presentations form (using the link below) by Wednesday, February 8, 2023.

Here.

Bethany Hughes on 50 Years of Native Student Activism [at Univ. of Michigan]

Seventh Circuit Briefs in Mestek v. Lac Courte Oreilles Community Health Center [sovereign immunity]

Here:

Lower court materials here.