North Carolina COA Decides ICWA Notice Case

Here is the opinion in In re A.R.:

NC App Opinion

Second Circuit Affirms Dismissal of Gambling Addict’s Suit against Foxwoods

Here is the order in Tassone v. Foxwoods Resort Casino:

CA2 Summary Order

Briefs are here.

Lower court materials here.

Poarch Creek Member Fined $1000 for Wearing Eagle Feather at Her High School Graduation

Here.

Navajo Nation SCT Decision Asserting Jurisdiction over Nonmember Helium Plant Repossession Action

Here is the opinion in Neptune Leasing Inc. v. Mountain States Petroleum Corp. and Nacogdoches Oil and Gas Inc. The court’s syllabus:

The Supreme Court issues its opinion in this appeal of the Shiprock Court’s dismissal of a repossession action on the basis of a lack of personal jurisdiction over Mountain States. The Court reverses and remands for further proceedings. The action concerns the sale and re-sale of a helium plant and its assets located on a Navajo Nation business site leasehold performed without involvement or consent of the Navajo Nation and without even a written business site lease. Finding that the Shiprock Court erred in providing conclusory findings as to jurisdiction, the Court found jurisdiction after engaging in a full jurisdictional discussion involving inherent sovereignty, Navajo statutes, and federal common law tests. The parties had additionally challenged subject matter jurisdiction on the basis of a private agreement between the purported buyer and seller which selected Texas as their litigation forum; however the Court stated that no private contractual clause may avoid Navajo Nation jurisdiction over transactions on Navajo Nation land involving assets in which the Navajo Nation may have an interest. Additionally, the Court repeated that there is no such things as an equitable business site lease.

Washingtonian: “Getting to Know Obama Court Nominee Patricia Ann Millett”

Here.

Tort Claims Styled as Compact Breach against Barona Band Dismissed

Here are the materials in Nasella v. Barona Valley Ranch Resort and Casino (S.D. Cal.):

DCT Order Granting Motion to Dismiss

Barona Valley Motion to Dismiss

Nasella Complaint

Update in Oglala Sioux Tribe ICWA Class Act: Motions to Dismiss Filed

Here are the new materials in Oglala Sioux Tribe v. Van Hunnik (D. S.D.):

Davis Motion to Dismiss

Malsom-Rysdon and Van Hunnik Motion to Dismiss

Vargo Motion to Dismiss

Prior posts here and here.

NCAI Amicus Brief in Rape v. Poarch Band

Here:

NCAI Amicus Brief

Prior materials here.

Freep: Feds Toss Michigan Civil Rights Commission Complaint on Indian Names and Mascots

Here.

Another Nooksack Membership Update

Additional materials in Lomeli v. Kelly (Nooksack Tribal Court):

Order Denying Motion for Stay

Emergency Motion for Stay Pending Appeal

Defendants Response to Plaintiffs Emergency Motion for Stay Pending Appeal