Author: Matthew L.M. Fletcher

St. Regis Mohawk Sues Insurance Company over Pandemic Losses

Matthew L.M. Fletcher

Here is the complaint in Mohawk Gaming Enterprises LLC v. Affiliated FM Insurance Co. (N.D. N.Y.):

1-4 Complaint

Puyallup Tribe Amicus Brief on Washington Referendum on Motor Vehicle Taxes

Matthew L.M. Fletcher

Here is the brief in Garfield County v. State of Washington (Wash. S. Ct.):

Puyallup Amicus Brief

WaPo: “As opioids flooded tribal lands across the U.S., overdose deaths skyrocketed.”

Matthew L.M. Fletcher

Here.

Ninth Circuit Decides Confederated Tribes and Bands of the Yakama Nation v. Yakima County

Matthew L.M. Fletcher

Here is the opinion. An excerpt:

This case presents the question whether the State of Washington may exercise criminal jurisdiction over members of the Confederated Tribes and Bands of the Yakama Nation who commit crimes on reservation land. To answer that question, we must interpret a 2014 Washington State Proclamation that retroceded—that is, gave back—“in part,” civil and criminal jurisdiction over the Yakama Nation to the United States, but retained criminal jurisdiction over matters “involving non-Indian defendants and non-Indian victims.” If “and,” as used in that sentence, is conjunctive, then the State retained jurisdiction only over criminal cases in which no party—suspects or victims—is an Indian. If, by contrast, “and” is disjunctive and should be read as “or,” then the State retained jurisdiction if any party is a non-Indian. We conclude, based on the entire context of the Proclamation, that “and” is disjunctive and must be read as “or.” We therefore affirm the district court.

Briefs here. Oral argument video here.

Bridge Magazine: “‘End of an era’: American Indian Services closes after 49 years”

Matthew L.M. Fletcher

Here.

SCOTUS CVSGs FMC v. Sho-Ban, Denies Cert in Diné CARE v. BIA

Matthew L.M. Fletcher

Here is today’s order list.

FMC v. Shoshone-Bannock Tribes materials here.

Diné CARE v. BIA materials here.

Stanford Law Review Online Publishes “Indian Lives Matter — Pandemics and Inherent Tribal Powers”

Matthew L.M. Fletcher

Fletcher’s paper, “Indian Lives Matter — Pandemics and Inherent Tribal Powers,” is now available online (PDF).

Fourth Circuit Briefs in Case Involving Tribal Sovereign Lending of Habematolel Pomo of Upper Lake

Matthew L.M. Fletcher

Here are the briefs in Hengle v. Treppa:

Appellant Brief

Habematolel Pomo of Upper Lake Consumer Financial Services Regulatory Commission Amicus Brief

NAFOA Amicus Brief

New Mexico Amicus Brief

Hengle Brief

Treppa Reply

Hengle Reply

Oral argument audio.

Lower court materials here.

United States Petitions for Cert in Case Involving Tribal Police Authority to Detain Non-Indians

Matthew L.M. Fletcher

Here is the cert petition in United States v. Cooley:

Cert Petition

Question presented:

Whether the lower courts erred in suppressing evidence on the theory that a police officer of an Indian tribe lacked authority to temporarily detain and search respondent, a non-Indian, on a public right-of-way within a reservation based on a potential violation of state or federal law.

Lower court materials here.

Update:

NCAI Amicus Brief

NIWRC Amicus Brief

Waiver of Response

NYTs Magazine Profile of Michigan Governor Gretchen Whitmer

Matthew L.M. Fletcher

Here is “A Governor on Her Own, With Everything at Stake.”