Lewis Tein PL v. Miccosukee Tribe Cert Petition

Here:

Lewis Tein Petition

Question presented:

Whether the judicial doctrine of tribal sovereign immunity bars civil claims against an Indian tribe based on its intentional torts and criminal conduct that occurred off-reservation against non-members of the tribe.

Lower court materials here.

Update:

17-702 Brief in Opposition

Reply

Tenth Circuit Modifies Opinion in Ute v. Lawrence, Denies En Banc Review

Here is the modified opinion in Ute Indian Tribe of the Uintah v. Lawrence.

En banc petition stage materials here:

Becker Petition

Opposition

Panel materials here.

Patent Trial and Appeal Board OK Amicus Briefs on Tribal Immunity Issue

Here is the order in Mylan Pharmaceuticals v. St. Regis Mohawk Tribe:

IPR2016-01127 – Order on Amicus Briefs and Schedule (1)

Patchak v. Zinke Oral Argument Transcript

Here:

Oral Argument Transcript

 

SCOTUSBlog (Ronald Mann) Preview of Patchak v. Zinke

Here.

An excerpt, and a little horn tooting:

The most telling argument for the government is the recitation (in an amicus brief filed by a group of law professors) of the dozens of statutes Congress has adopted through the centuries resolving Indian land disputes and dealing high-handedly with Indian lands. It is notable that Bank Markazi emphasized Congress’ supreme authority over foreign affairs in its rejection of the Klein claim in that case. Congress’ plenary authority to regulate and protect Indian tribes leaves room for a similar resolution of this case without explicitly rejecting the Klein rule. Bank Markazi of course said nothing about Congress’s power over Indian affairs, so that result wouldn’t really follow from Bank Markazi. It would, though, afford the justices a way to decide the case narrowly, which seems to have been their goal in these cases. The key thing to watch for in the argument will be any sense that any of the members of the Bank Markazi majority show a willingness to treat this case differently than they did that one.

You can read that amicus brief here, along with the rest of the briefs

Yakama Nation Sues Klickikat County over Jurisdiction

Here is the complaint and press release in Confederated Tribes and Bands of the Yakama Nation v. Klickikat County (E.D. Wash.):

1 Complaint

Yakama Nation Press Release (11.6.17)

MSU/ILPC Alums Whitney Gravelle & Bryan Newland Sworn in as Bay Mills Chief Judge and Chairman

AB8D3DF3-CA49-4474-ACC9-4259FC3AE37B

TPM: “Report: Trump Told Tribal Leaders To ‘Just Do It’ And Ignore Drilling Laws”

Here.

Cert Stage Briefs in Coachella Valley Water District v. Agua Caliente Band of Cahuilla Indians

Here:

Coachella Cert Petition

States Amicus Brief

Agua Caliente Cert Opp

US Cert Opp

Coachella Reply

Desert Water Agency Reply

Agua Caliente Supplemental Brief

Federal Court Rejects Effort to Enforce Settlement Agreement in Tribal Court

Here are the materials in Enerplus Resources (USA) Corporation v. Wilkinson (D.N.D.):

78 Motion for Summary J

84 Response

85 Reply

91 DCT Order

An excerpt:

Given the forum selection clauses in the Settlement Agreement, the ORRI Assignment, and the Division Orders, the Tribal Court clearly lacks jurisdiction over the case. The record before this Court clearly establishes that every party to the dispute agreed to the forum selection clauses at issue. Thus, Enerplus is entitled to a declaratory judgment that the forum selection clauses at issue preclude the Tribal Court from exercising jurisdiction over any dispute arising from those documents, and preclude Wilkinson from asserting in Tribal Court any claims arising from, and related to those documents.

CA8 materials here.