Fourth Circuit Oral Argument Audio in Williams v. Big Picture

Here.

Briefs here.

Yakama Nation Prevails over Klickitat County over Indian Country Fireworks Sales

Here are the materials in Confederated Tribes and Bands of the Yakama Nation v. Klickitat County (E.D. Wash.):

1 Complaint

3 Motion for TRO

4 Motion to Expedite

8 County Response

10 DCT Order Granting TRO

21 Tribe Motion for Summary Judgment

23 County Response

24 Reply

29 DCT Order

Second Circuit Affirms in Gingras v. Think Finance Inc. [Chippewa Cree Lending]

Here is the opinion:

CA2 Opinion

From the court syllabus:

Plaintiffs Jessica Gingras and Angela C. Given borrowed money from Plain Green, LLC, an online lending operation owned by the Chippewa Cree Tribe of the Rocky Boy’s Indian Reservation in Montana. The terms of their loan agreements provide for interest rates well in excess of caps imposed by Vermont law. Gingras and Given sued, alleging violations of Vermont and federal law. They seek an injunction against tribal officers in charge of Plain Green and an award of money damages against other Defendants. 

Some Defendants moved to dismiss, arguing that tribal sovereign immunity barred the suit. All Defendants moved to compel arbitration under the terms of the agreements. The district court (Geoffrey W. Crawford, Judge) denied both motions. We hold that tribal sovereign immunity does not bar this suit because Plaintiffs may sue tribal officers under a theory analogous to Ex parte Young for prospective, injunctive relief based on violations of state and substantive federal law occurring off of tribal lands. We further hold that the arbitration clauses of the loan agreements are unenforceable and unconscionable.

Briefs and link to lower court materials here.

Cedar Band Paiutes Sue HUD over New Mortgage Guidance that Destroyed Its Business

Here are the materials in Cedar Band of Paiutes v. Department of Housing and Urban Development (D. Utah):

2 Complaint

6 Motion for PI

6-2 Mortgagee Letter

6-3 Whipple Dec

Patrice Kunesh: “Indian Country can help solve rural America’s decline”

Here, from High Country News.

Third Circuit Briefs in United States v. Neff [third-party use of tribal immunity defense; “rent-a-tribe”]

Here are the materials in United States v. Neff:

Hallinan Appellant Brief

Neff Appellant Brief

US Answer Brief

Neff Reply

Hallinan Reply

SCOTUS Denies Cert in St. Regis Mohawk v. Mylan

Here is today’s order list.

Cert stage materials in that case are here.

Hopi Tribe Effort to Stop Shutdown of Navajo Generating Station Fails

Here are the materials in Hopi Tribe v. Central Arizona Water Conservation District (D. Ariz.):

1 Complaint

22 Motion to Dismiss

23 Motion for Judicial Notice

36 Gila River Indian Tribe MTD

40 Hopi Response to 23

41 Hope Response to 22

46 Reply in Support of 22

46 Reply in Support of 23

47 Gila River Reply in Support of 36

49 DCT Order

Buchwald Capital Advisors LLC v. Sault Ste. Marie Tribe of Chippewa Indians Cert Petition [Bankruptcy Code + Sovereign Immunity]

Here:

buchwald cert petition

Question presented:

Whether the Bankruptcy Code abrogates the sovereign immunity of Indian tribes.

Lower court materials here.

Split SCOTUS Affirms Cougar Den (5-4, no majority opinion)

Here is the opinion.

Materials are here.