Author: Matthew L.M. Fletcher – Page 538

In Petrella v. Metro-Goldwyn-Mayer, Inc., 134 S. Ct. 1962 (2014), this Court held that courts may not override Congress’ judgment and apply laches to summarily dispose of claims at law filed within a statute of limitations established by Congress, thereby foreclosing the possibility of any form of relief. Equitable remedies may be foreclosed at the litigation’s outset due to a delay in commencing suit only in “extraordinary circumstances,” such as the need to prevent unjust hardship on innocent third parties. Id. at 1978.

The question presented is: Where Petitioner’s claims were filed within the statutory-limitations period established by Congress, did the court of appeals contravene this Court’s
decision in Petrella by invoking delay-based equitable principles to summarily dismiss all of Petitioner’s federal treaty, statutory and common-law claims, including one for money damages as upheld by this Court in County of Oneida v. Oneida Indian Nation of N.Y., 470 U.S. 226, 246 (1985)?

Lower court materials here. En banc petition materials here.

Ninth Circuit Decides Cloverdale Rancheria v. Jewell

November 10, 2014November 10, 2014Matthew L.M. Fletcher

Here is the unpublished opinion.

Plaintiffs-Appellants are five members of the Cloverdale Rancheria of Pomo Indians of California (“the Tribe”) who seek to compel Defendants-Appellees, the Department of Interior and its officials (“the Department”), to recognize them as the Tribe’s leadership and negotiate self-determination contracts with them. The district court dismissed both of Plaintiffs-Appellants’ complaints for lack of subject matter jurisdiction and lack of standing. We review these dismissals de novo, Rhoades v. Avon Prods., Inc., 504 F.3d 1151, 1156 (9th Cir. 2007), and we affirm.

Briefs and other materials here.

The Onion: “Pueblo Indians Can’t Keep Pace With Area Mom’s Appetite For Earthenware”

November 8, 2014November 8, 2014Matthew L.M. Fletcher

Here.

Shannon County, S.D. to Change Name to Oglala Lakota County

November 7, 2014Matthew L.M. Fletcher

Here is the news article, “Shannon County voters approve name change.”

An excerpt:

The southwestern South Dakota county holds the majority of the land on the Pine Ridge Indian Reservation. It is named after Peter Shannon, a chief justice of the Dakota Territory Supreme Court who later helped negotiate land deals with the Lakota. Shannon isn’t well thought of among many American Indians.

Galanda Broadman Commentary on Rights-of-Way on Indian Land (25 CFR Part 169)

November 7, 2014Matthew L.M. Fletcher

Here:

Galanda Broadman, PLLC, Occasional Paper – 21st Century Proposed BIA Indian Land Regs In a 19th Century State of Mind

The reg is here.

South Dakota Adopts Multistate Bar Exam (which includes Indian law)

November 7, 2014Matthew L.M. Fletcher1 Comment

Here is the article, “Changes coming to South Dakota bar exam.”

Menominee Tribe v. United States Cert Petition

November 7, 2014Matthew L.M. Fletcher3 Comments

Here:

Menominee Indian Tribe Cert Petition

Question presented:

Whether the D.C. Circuit misapplied this Court’s Holland decision when it ruled – in direct conflict with a holding of the Federal Circuit on materially similar facts – that the Tribe did not face an “extraordinary circumstance” warranting equitable tolling of the statute of limitations for filing of Indian Self-Determination Act claims under the Contract Disputes Act?

Lower court materials here.

Washtenaw County Government Trial Court — Probation Office Job Posting

November 7, 2014Matthew L.M. Fletcher

Here:

Probation Officer Posting

You may recall that Washtenaw County is where Judge Tim Connors has started a peacemaker court.