Osage Supreme Court Decision in Separation of Powers Matter

Here is the opinion in Standing Bear v. Whitehorn:

SCO-2015-01 Slip Opinion 3-8-16

News Coverage of Nooksack Tribal Council Disbarment of Galanda Broadman

Here is “Nooksack Tribe bars lawyer for ‘306’ facing disenrollment.”

 

 

Federal Court Holds Tribal Immunity Doesn’t Bar Subpoena

Here are the materials in Grand Canyon Skywalk Development LLC v. Steele (D. Nev.) (No. 15-663):

1 Motion to Quash

[8 Response sealed]

15 Reply

28 Magistrate Judge Report

29 Objections

30 Response to Objections

36 DCT Order

Additional Update on Nooksack Disenrollments; Did Tribe Bar Plaintiff’s Counsel from Proceeding with Disenrollment Defense?

Here are the new materials in Belmont v. Kelly (Nooksack Tribal Court):

Belmont v. Kelly Case Management Order Re Motion for Judicial Notice

 

Belmont v. Kelly Declaration of Gabriel S Galanda

Belmont v. Kelly Fourth Declaration of Michelle Roberts

Belmont v. Kelly Motion for Judicial Notice

The first document above references Nooksack council resolutions 16-27 and 16-28. 16-27, enacted on February 24, provides:

Whenever the Tribal Council becomes aware that any advocate’s behavior and/or practices reflect so poorly upon the proper administration of justice before the Nooksack Tribal Court of the Nooksack Indian Tribe, the Tribal Council may revoke any privileges provided to such person(s) and bar them from further practice in any administrative tribunal before the Nooksack Indian Tribe or proceeding before the Nooksack Tribal Court. Tribal Council may hold such hearings as necessary to ensure that such behavior and/or practices are proven; or, as may be necessary to correct such past behavior and/or practices.

In the judicial order above, the court described 16-28:

On the same date, February 24, 2016, the Nooksack Tribal Council enacted Resolution #16-28, barring Gabriel Galanda and other attorneys in the Galanda Broadman law firm from practicing in the Nooksack Tribal Court and from engaging in business on Nooksack Tribal lands.

The court ordered the tribal defendants to produce an affidavit describing the process offered the Galanda firm before issuing 16-28, on the theory that the Indian Civil Rights Act requires at least some process.

We will continue to observe the troubling doings at Nooksack.

 

 

Frank Pommersheim Talk at Snoqualmie (4-4-16)

Here:

POMMERSHEIM

Yet Another Suit against Western Sky Proceeds

Here are the materials in Smith v. Western Sky Financial LLC (E.D. Pa.):

15 Motion to Dismiss

21 Response

24 Reply

27 DCT Order

Another motion to dismiss or stay based on tribal exhaustion and the sham Western Sky arbitration/forum selection clauses. When will Rule 11 kick in?

2016 NNALSA Moot Court

Final Round Judges and Oralists:

2016 NNALSA Moot Court
Judge Wenona Singel, Judge Patricia Millett, KU Law Students Maureen Orth & Jessica Frederickson, OU Law Students Victoria Procter & Ashley Akers, Judge Bridget McCormack, Judge Matthew Fletcher, and Judge Michael Petoskey

Congrats to Kansas for prevailing!

Finalists
All-woman final!
Rice Award
Maureen Orth winning the G. William Rice Best Oralist Award presented by Professor Rice’s daughter Karen Rice and her fellow PLSI sisters to support Karen and honor Bill Rice.

More pics….

Hemp Bar
0.3% THC soap

MSU Moot Court

MSU Moot Court Team [Elise McGowan-Cuellar directed the competition, and so she gets the waabigwan]

Karen Rice

Our new best friend, Karen Rice! [and that’s Hunter Cox doing some heavy listing on the left]

IMG_1596
A shot of the field before the competition. Top overall seed in the front on the right, Emmett Waasamowin and Owen Buki Waabmigizi.

Update in Nooksack Disenrollment; Tribe’s Reconsideration Motion Denied

Here are the materials in Belmont v. Kelly (Nooksack Tribal Court):

Belmont v. Kelly Defendants’ Motion for Reconsideration of Order Denying Preliminary Injunction Motion

Belmont v. Kelly Defendants’ Reply on Reconsideration

Belmont v. Kelly Order Denying Defendants’ Motion for Reconsideration

Belmont v. Kelly Plaintiffs’ Response to Motion for Reconsideration

Prior proceedings in this matter here.

D.C. Circuit Rejects Challenge to Keepseagle Settlement

Here is the opinion in Keepseagle v. Vilsack.

An excerpt:

Appellant Timothy LaBatte, a class member in a class action against the United States Department of Agriculture (“USDA”), seeks to intervene in that class action – despite the fact that the action was settled and closed – after his claim for compensation under the terms of the action’s settlement agreement was denied. We affirm the District Court’s determination that it lacked ancillary jurisdiction to hear Labatte’s challenge. We do so because LaBatte’s motion to intervene is unrelated to the underlying lawsuit and because the District Court was not required to hear LaBatte’s motion in order to effectuate its decrees.