Federal Circuit Affirms Dismissal of Klamath Claims Committee v. United States

Unpublished opinion here:

12-5130.Opinion.8-20-2013.1

Briefs here.

Lower court materials here and here.

Slate: Map of Actual European Discoveries

Here. H/t property profs.

Discoveries

Brazilian Indigenous Peoples Fighting for Lands

Here.

Brazilian map

New Mexico COA Decides Tribal Police Officer May Recover Worker’s Comp for Certain Off-Duty, Off-Reservation Activities

Here is the opinion in Schultz v. Pojoaque Tribal Police Dep’t. An excerpt:

In this workers’ compensation case, the issue before us is whether Officer Kevin Schultz’s accidental death arose out of and within the course of his employment with the Pueblo of Pojoaque Tribal Police Department (Employer). The workers’ compensation judge (WCJ) concluded that Officer Schultz’s death did not arise out of and in the course of his  employment because he was off-duty, outside his jurisdiction, and on a personal day trip near the Rio Grande at the time of the accident. Because of the unique nature of law enforcement duties, we conclude that law enforcement officers may recover workers’ compensation benefits in some instances for off-duty injuries occurring in response to circumstances reasonably calling for police officer assistance. Accordingly, because we also hold that there was a sufficient nexus between Officer Schultz’s actions in undertaking the rescue of a drowning child and the duties of his employment as a police officer, we reverse.

One of Urban Outfitters Insurers Not Required to Indemnify in Navajo Nation Trademark Suit

Here are the materials in Hanover Insurance Co. v. Urban Outfitters (E.D. Pa.):

DCT Memorandum

Hanover Insurance Motion for Judgment on Pleadings

Urban Outfitters Response

Link to the Navajo suit.

News Coverage of Federal Government’s Intervention in Penobscot v. Maine

Here, via Pechanga.

Washington COA Briefs in Trust Assets Appeal

Here are the briefs in First Citizens Bank & Trust Company v. Harrison (Wash. Ct. App.):

From the reply brief:

Whether the trial court erred by ruling 25 USC § 410 exempts Indian trust income located in the Banner Bank and Fife Commercial Bank accounts from garnishment.

 

Tribal Payday Lenders’ Complaint against New York State Dept. of Financial Services

Here is the complaint in Otoe-Missouria Tribe v. New York State Dept. of Financial Services (S.D. N.Y.):

Otoe-Missouria et al Complaint

Oklahoma Federal Court Transfers Cherokee Freedmen Suit to D.C. District Court

Here:

2013-08-19 Order Re-Transferring Case to DC

Materials later. It’s lunchtime.:

DCT Order Denying Motion to Transfer — 3-15-13

Cherokee Freedmen Motion to Reconsider

Cherokee Nation Opposition

Interior Response in Support of Motion

Cherokee Freedmen Reply

Cherokee Nation Reply to Interior

Match-E-Be-Nash-She-Wish Pottawatomi — Notice for Appellate Justices

Here:

Appellate Justices 8.2013

From the notice (read the notice for other details):

The Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians (Gun Lake Tribe) is seeking three (3) Appellate Justices to serve as the Court of Appeals body of the Tribe. The authority of the Match-E-Be-Nash-She-Wish Band of Pottawatomi/Gun Lake Tribal Court of Appeals is defined by Gun Lake Tribal Judicial Ordinance. The Court of Appeals has jurisdiction to hear all appeals arising from Tribal Court decisions or proceedings.

The Court of Appeals shall consist of three (3) Justices, each appointed by majority vote of the Tribal Council at a meeting at which a required quorum plus one additional Tribal Council member is present. At least two (2) of those Justices shall be attorneys who are or have been licensed to practice law before the courts of a state in the United States and who have not been disbarred from practicing law in any tribal, federal, or state court, provided, however, that if a person has been disbarred but later reinstated, such person shall be eligible. The other Justice shall be either a registered voter of the Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians or an attorney who is, or has been, licensed to practice law before the courts of a state in the United States and who has not been disbarred from practicing law in any tribal, federal, or state court, provided, however, that if a person has been disbarred but later reinstated, such person shall be eligible. No Court of Appeals Justice may sit simultaneously as a Tribal Court Judge. Each Court of Appeals Justice shall be at least twenty-five (25) years of age.