Federal Court Dismisses American Indian Arts and Crafts Act Claim for Lack of Article III Standing

Here are the materials in Native American Arts v. Peter Stone Co. (N.D. Ill.):

250 Peter Stone Motion for Summary J on Standing

267 Peter Stone Motion for Summary J

271-1 Native American Arts Motion for Summary J

279 Native American Arts Response to 250

281 Peter Stone Reply in Support of 250

323 DCT Order

Federal Court Holds Federal Bankruptcy Code Did Not Waive Tribal Immunity under Bay Mills Clear Statement Rule

Here are the materials in Buchwald Capital Advisors, LLC v. Papas (In re Greektown Holdings, LLC):

8 Sault Tribe Brief

10 Buchwald Capital Brief

12 Sault Reply

15 DCT order

This case is on appeal from the bankruptcy court. Here are those materials.

Saginaw Chippewa Sues to Delay Hearing before NLRB in “Ambush Election” Rule Matter

Here are the materials in Saginaw Chippewa Indian Tribe v. Pearce (E.D. Mich.):

1 Complaint

3 Motion for PI

8 SCIT Motion for TRO

On Reconsideration, Federal Court Dismisses Indian Group’s Petition to Preserve Judge Cebull Emails

Here are the new materials in Four Directions v. Committee on Judicial Conduct and Disability of the Judicial Conference of the United States (N.D. Cal.):

58 Motion for Reconsideration

73 Opposition

76 Reply

83 DCT Order Granting Motion for Reconsideration

Prior materials here.

Update in Cayuga Nation v. Tanner

Here are more materials in the case captioned Cayuga Nation v. Tanner (N.D. N.Y.):

38 DCT Order Denying Unity Council Motion to Intervene

41 Plaintiffs Reply in Support of PI

42 Plaintiffs Response to Tanner Motion to Dismiss

50 DCT Order Dismissing Claims

52-1 Motion for Reconsideration

60 Tanner Opposition

61 Plaintiffs Reply

Apparently, the Halftown faction (the plaintiffs here) is continuing the fight for gaming, while the Unity Council group has been dismissed from the case. We posted materials on this case here.

Ninth Circuit Evaluates Contours of Migratory Bird Treaty Act in Criminal Appeal for Selling Eagle Fans

Here is the opinion in United States v. Crooked Arm.

From the court’s syllabus:

The panel affirmed in part and reversed in part the district court’s denial of a pretrial motion to dismiss for failure to state a felony claim an indictment charging two defendants with violating the Migratory Bird Treaty Act of 1918, vacated the sentences, and remanded.

The defendants argued that the counts to which they conditionally pled guilty were improperly charged as felonies because it is only a misdemeanor under the MBTA to sell
migratory bird feathers.

The panel held that even under the defendants’ interpretation of the MBTA, Count I, which charges a conspiracy to kill, transport, and offer for sale and sell migratory birds, including bald and golden eagles, charges a felony.

The panel held that in regard to Count II, which charges unlawful trafficking in migratory bird parts, the allegations state a misdemeanor only.

Federal Court Declines to Dismiss California v. Iipay Nation 

Here are the materials in State of California v. Iipay Nation of Santa Ysabel (S.D. Cal.):

15-1 Iipay Nation Motion to Dismiss

18 California Response

19 Iipay Nation Reply

24 DCT Order Denying Motion to Dismiss

TRO stage materials are here.

Iowa Legislature Passes Resolution Requesting Congress to Repeal 1948 Statute Authorizing Iowa to Assert Jurisdiction over Meskwaki Settlement

Here are the materials:

Iowa Senate Resolution passed requesting Repeal of 1948 Law

IA Sen. Steve Sodders remarks supporting repeal of 1948 Law

Tribal Immunity Does Not Block Third Party Subpoena in Ongoing Grand Canyon Skywalk Development Disputes

Here are the materials in Grand Canyon Skywalk Development v. Cieslak (D. Nev.) & Grand Canyon Skywalk Development v. Steele (D. Ariz.):

1 Motion to Quash in 15-663 D. Ariz.

15 Reply re Motion to Quash in 15-663 D. Ariz.

125 DCT Order Denying Motion to Quash

NLRB Declines Jurisdiction over Chickasaw Nation Casino Due to Interference with Treaty Rights

Here is the board’s decision:

Board Decision

An excerpt:

At issue in this case is whether an Indian tribe, the Chickasaw Nation, in its capacity as operator of the WinStar World Casino, is subject to the Board’s jurisdiction and, if so, whether it violated Section 8(a)(1) of the National Labor Relations Act by informing casino employees that because of the Nation’s tribal sovereignty, they did not have the protection of the Act. Applying the test established by the Board in San Manuel Indian Bingo & Casino, 341 NLRB 1055 (2004), enfd. 475 F.3d 1306 (D.C. Cir. 2007), we find that application of the Act would abrogate treaty rights, specific to the Nation, contained in the 1830 Treaty of Dancing Rabbit Creek. As a result, we decline to assert jurisdiction over the Nation, the Respondent here.

Materials here:

Chickasaw Position Statement

NLRB Position Statement

Joint Motion and Exhibits