FBA 2015 Ag Sovereignty Panel

Janie Simms Hipp, Hankie Ortiz, Dan Cornelius, and Patrice Kunesh

  

Pennsylvania Appellate Court Affirms Native American Common Law Marriage, Awards Death Benefits to Widow

Here is the opinion in Elk Mountain Ski Resort, Inc. v. Workers’ Compensation Appeal Board (Pa. Commonwealth Ct.):

1017CD14_4-7-15

An excerpt:

Elk Mountain Ski Resort, Inc. (Employer) petitions for review of the order of the Workers’ Compensation Appeal Board (Board) that affirmed the decision of the Workers’ Compensation Judge (WCJ) granting the fatal claim petition filed by Tara Tietz–Morrison (Claimant) as the surviving wife of Wayne Tietz (Decedent) and guardian of their children.
Employer questions (1) whether the WCJ failed to require Claimant to establish a common-law marriage by clear and convincing evidence, (2) whether Claimant was competent to testify to establish a common-law marriage contract with Decedent under Section 5930 of the Judicial Code (Dead Man’s Act), as amended, 42 Pa.C.S. § 5930, and (3) whether Claimant’s documentary evidence postdating the 2005 abolishment of common-law marriages in Pennsylvania could support the alleged June 12, 2004 common-law marriage of Decedent and Claimant. We reject Employer’s argument that the WCJ placed the incorrect burden of proof upon Claimant. We further conclude that Claimant’s testimony was not proscribed by the Dead Man’s Act, that Claimant established a common-law marriage by clear and convincing evidence, and that her documentary evidence was relevant to the issue of constant cohabitation of Decedent and Claimant and a reputation of their marriage. Accordingly, we affirm.

Summary Judgment Briefs in Turunen v. Michigan DNR — Treaty Right to Farm Pigs

Here are the materials in Turunen v. Michigan Department of Natural Resources (W.D. Mich.):

39 MDNR Motion for Summary J

42 Turunen Response

47 MDNR Reply

The claim survived an earlier motion to dismiss here.

Swinomish Trespass Suit against BNSF Railroad

Here is the complaint in Swinomish Indian Tribal Community v. BNSF Railway Co. (W.D. Wash.):

2015 Complaint

And here is a 1978 complaint referenced in the 2015 complaint:

1978 Complaint78-429

NNALSA Panel on Law Teaching Careers

Wenona Singel, Keith Richotte, Angelique EagleWoman, and Fletcher (not pictured)

  

And the National NALSA members in attendance

  

FBA 2015 Panel on Native Attorneys

Helen Padilla, Mary Smith, Arin Reeves, Makalika Naholowaa, and Francine Jaramillo

  

James Fitzsimmons Obituary — Was Director of N.D. Legal Services

Here is “Remembering James Fitzsimmons, ’77.”

From UND School of Law.

7th Annual American Indian Justice Conference | May 12-14, 2015 | Catoosa, OK

Here.

Materials (so far) in FMC v. Shoshone-Bannock Tribes (Tribal Court Jurisdiction and Enforcement of Tribal Judgment)

Here:

10 FMC Complaint

12 Tribe Answer

36 FMC Brief re Discovery

35 Tribe Brief re Discovery

37 FMC Response

38 Shoshone-Bannock Response

H/T to law360.

The tribal court decision below is here.

FBA 2015 Self-Determation Act Panel

Angelique EagleWoman, Lloyd Miller, Lynn Malerba, Geoffrey Strommer, and John Dossett