Here is the opinion in Lac Courte Oreilles Band of Lake Superior Chippewa Indians v. State of Wisconsin:
Briefs here.
Lower court materials here.
Author: Matthew L.M. Fletcher
Federal Court Dismisses Slip-and-Fall Action against Wyandotte Casino in Kansas
Here are the materials in Johnson v. Wyandotte Tribe of Oklahoma (D. Kan.):
An excerpt:
Plaintiff brings this personal injury action against the Wyandotte Nation for injuries she sustained when she fell down a flight of stairs at the 7th Street Casino, which is located on land held in trust by the United States for the benefit of the Wyandotte Nation. This matter comes before the Court on defendant’s Motion to Dismiss (Doc. 6). Defendant argues that the Court must dismiss plaintiff’s lawsuit because defendant, a federally recognized Indian tribe, is immune from unconsented suit and, therefore, the Court lacks subject matter jurisdiction under Fed. R. Civ. P. 12(b)(1).1 After considering the arguments made by both parties, the Court grants defendant’s Motion to Dismiss.
Two Job Postings at Drummond Woodsum
Experienced Attorney Representing Indian Nations
Maine or New Hampshire
Drummond Woodsum, a law firm with more than 60 attorneys in offices in Portland, Maine and Portsmouth and Manchester, New Hampshire is seeking a Senior Associate or Junior Shareholder with significant experience representing Indian nations and their enterprises to work in our Indian Law Practice Group. The ideal candidate will have 6+ years of experience working directly with tribal clients in transactional matters and/or litigation.
Drummond Woodsum, a full service law firm, provides legal services of the highest quality to Indian nations and tribal businesses throughout the country. The firm’s clients have the benefit of an interdisciplinary team of attorneys with distinct areas of expertise and over 60 years of combined experience in representing tribal clients.
Drummond Woodsum’s Work with Tribal Business Entities Includes:
- complex gaming and other tribal business transactions
- over $3 billion of completed tribal financings
- litigation in tribal, federal, and state courts, including the United States Supreme Court
- tribal enterprise and economic development strategies and consultation
- real estate transactions including the acquisition, development and financing of real estate
- timberlands work including the acquisition, financing and management of timberlands
- Indian housing and Low Income Housing Tax Credits
- tribal employment law and personnel management
- tribal, state and federal tax issues
- development of tribal codes, constitutions, and court systems
- gaming and non-gaming land in trust applications
- tribal environmental assessments and regulatory work
- National Indian Gaming Commission and tribal gaming regulatory work
- union labor negotiations and agreements
- tribal-state negotiations
- alternative dispute resolution, including arbitration and mediation
Applicants should have extensive experience working directly with tribal government officials; board members of tribal enterprises; and select developers, lenders or other businesses operating in Indian Country. The candidate must have a strong desire to be a direct contributor in a dynamic and collaborative working environment and to actively engage in helping to build a thriving Indian Nations practice through internal and external business and career development efforts. An energetic and creative problem-solver with superior interpersonal and client-management skills is required.
The compensation package includes a competitive salary, bonus potential, and excellent benefits.
If you are interested in joining Drummond Woodsum please send a letter of application and resume in complete confidence to:
Kathy Larkin, Hiring Coordinator
Drummond Woodsum
84 Marginal Way Suite 600
Portland, Maine 04101
All inquiries held in the strictest confidence.
No phone calls, please.
DRUMMOND WOODSUM ASSOCIATE ATTORNEY JOB ANNOUNCEMENT
Drummond Woodsum, a law firm with more than 60 attorneys in offices in Portland, Maine and Portsmouth and Manchester, New Hampshire is seeking an Associate with 0-2 years of experience to work in our Indian Law Practice Group, primarily representing Indian Nations and Tribal Governments.
NIGC Orders Chukchansi Casino to Close on October 27 unless IGRA Violations Corrected
Here is the order:
News coverage here: “Chukchansi casino faces closure, huge federal fines for missing audits.”
Mashpee Wampanoag Tribe Seeks Supreme Court Judge
Guide for Franchisors Negotiating with Indian Nations or Tribal Entities
Heidi McNeil Staudenmaier and Michael Coccaro have published “Negotiating with a Tribe or Tribal Entity: Practical Tips for Franchisors” in the Franchise Law Journal.
Pyramid Lake Tribe Prevails in Suit against IHS
Here are the materials in Pyramid Lake Tribe v. Burwell (D. D.C.):
Kate Fort on Observing ICWA Cases in State Courts
Our own Kate Fort has posted her paper, “Observing Change: The Indian Child Welfare Act and State Courts,” published in the New York State Bar Association Family Law Review earlier this year. It is available on SSRN.
Here is her abstract:
ICWA is one of the foundational laws of federal Indian law, but it usually arises in the broader public consciousness when there is a voluntary adoption subject to the law. Recently, the law was subject to Supreme Court review in Adoptive Couple v. Baby Girl. A heart-wrenching case, but ICWA is far more regularly applied in abuse and neglect cases. Any involuntary removal of an American Indian child, as defined by the Act, requires the application of ICWA. While cases of voluntary adoptions designed to thwart the requirements of ICWA require constant vigilance from states and tribes, the law provides broader protections for those families in the state child welfare system.
This article posits one way to both collect data about abuse and neglect compliance within the framework of ICWA, and increase that compliance through collaborative change to the systems. QUICWA, a project by the Minneapolis American Indian Center, consists of a group of interested stakeholders who have created a checklist to measure what happens in each individual hearing where the court must apply ICWA. While other groups, such as the National Council of Juvenile and Family Court Judges, use a different checklist format, the goal of the projects are similar — to find ways to increase compliance with ICWA. Funded in collaboration with Casey Family Programs, law schools and social work programs in key states have started observing ICWA hearings using the QUICWA checklist. In Michigan, the Michigan State University College of Law has observed ICWA hearings in three counties, using law students as observers. Though family law is driven by narrative, collecting data is vital to identify patterns surrounding fairness and due process in the individual stories.
NITA Post-Conference Wrap-Up
Here (PDF):
NATIONAL INTERTRIBAL TAX ALLIANCE WRAPS UP ITS 16TH ANNUAL TAX CONFERENCE – SEPTEMBER 24-15, 2014 – Harrah’s Resort Southern California (Rincon Band of Luiseño Indians), Valley Center, California
VALLEY CENTER, CA October 1, 2014– The National Intertribal Tax Alliance (NITA) wrapped up its 16th Annual conference, September 24-25, 2014 hosted and sponsored by the Rincon Band of Luiseño Indians and held at their fabulous and newly-renovated Hotel and Casino in Valley Center, California just northeast of San Diego. NITA is the foremost Native organization focusing on tribal taxation issues for tribal governments and tribal enterprises. This year’s well-attended conference included many “hot topic” tribal taxation issues facing tribes in Indian Country today.
Rincon Band Chairman Bo Mazzetti welcomed attendees, followed by an Opening Prayer by Council Member, Laurie Gonzalez. Past NITA Board Chairperson, Mary Mashunkashey gave the Opening remarks thanking all the speakers and conferees for their participation emphasizing the importance of NITA’s conferences as vital element to the mission and objectives in assisting and disseminating information on current tribal tax issues to tribes and tribal tax commissions which affects many aspects of tribal sovereignty.
Headlining this year’s Conference was Keynote Speaker Matthew Fletcher, Professor of Law at Michigan State University College of Law and Director of the Indigenous Law and Policy Center. Professor Fletcher is also primary editor of the popular Indian law blog, “Turtle Talk.” (https://turtletalk.wordpress.com). Professor Fletcher delivered an intriguing and thought-proving address focusing on “Rights Without Remedies” regarding court decisions affecting tribal sovereign immunity in various court cases where the right of a state under federal Indian law was unenforceable against an Indian tribe due to sovereign immunity. His keynote explains the court’s reaffirmation of the “clear statement rule.” He states “the clear statement rule recognizes that Congress has plenary authority to regulate tribal governance authority, but also that Congress retains a general trust responsibility to Indian nations and Indian people, requiring Congress to make clear, plain and express any intent to restrict tribal authority.” Professor Fletcher went on to explain different areas of tribal authority and the Legislative arena emphasizing that “Congress might pay more attention this time.” Professor Fletcher’s paper is contained in the Conference booklet available on the NITA website (see below for link.)
Arizona Attorney (Bar Journal) Article on the Washington Football Team Trademark Case
Ken Motolenich-Salas has published “Redskins Trademark Cancellations: The Revivial of the Disparagement Doctrine” in Arizona Attorney. (PDF)
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