Troy Eid on Energy Development and Tribal Consultation

Troy Eid has published Beyond Dakota Access Pipeline: Energy Development and the
Imperative for Meaningful Tribal Consultation
in the Denver University Law Review.

Federal Circuit Rejects Tribal Immunity in Patent Litigation

Here is the opinion in St. Regis Mohawk Tribe v. Mylan Pharmaceuticals:

18-1638.opinion.7-20-2018

Briefs here.

United States Attorney Initiates Forfeiture of Nearly 45,000 Cartons of HCI Smokes and other property

Here is the pleading captioned United States v. 2015 Dodge Ram 350 Truck (D. Neb.):

complaint

Update — here is the amended complaint now captioned United States v. 2005 Freightliner M2106 Box Truck (D. Neb.):

amended complaint

 

NYTs Profile of Navajo Nation’s Bid to Purchase Recently-Bankrupt Remington Gun Company to Bring Biz to the Reservation (and force the company to invest in smart gun tech)

Here. An excerpt:

The Navajo Nation’s plan for Remington was novel: It intended to shift the company away from its consumer business, including curtailing the sale of the AR-15-style weapons frequently used in mass shootings, to focus on police and defense contracts.

The tribe planned to use profits from those businesses to invest in research and development of advanced “smart guns” — those with fingerprint or other technology intended to prevent anyone but the gun’s owner from using the weapon. Smart guns have so far failed to make much headway at the major gun manufacturers, which have faced pressure from groups like the National Rifle Association.

It’s not clear that the tribe’s proposal would have worked, of course. But the Navajo Nation would have had an advantage in sales for police and military contracts. Not only must a certain percentage of government business go to minority-owned companies, but the Native American Incentive Act also confers certain other advantages, according to the American Bar Association.

The only guns the Navajo Nation planned to sell to consumers were long guns like rifles and shotguns used by hunters.

“Navajo is a community of veterans and people of the land,” the tribe’s lawyer, Drew Ryce, said in an email. “We are indifferent to the AR-15 and happy to leave that business behind.”

Post-Trial Briefs in Tulalip Tribes v. Washington [Quil Ceda]

Here are the post-trial briefs in Tulalip Tribes v. State of Washington (W.D. Wash.):

stateposttrialbrief

tulalipposttrialbrief

Case tag here.

Federal Circuit Briefs in St. Regis Mohawk Tribe v. Mylan Pharmaceuticals

Here:

Opening Brief filed

Appellee Brief Filed

R Street amicus

Amicus Brief of United States

amicus HTIA

Ninth Circuit Briefs in Rosales v. Dutschke (Jamul Indian Village)

Here:

Opening Brief

Tribal Answer Brief

Federal Answer Brief

reply.pdf

Lower court materials here.

Delaware Federal Court Affirms Bankruptcy Act Did Not Abrogate Tribal Immunity

Here are the materials in In re Money Centers Inc. (D. Del.):

15 Appellant Brief

16 Appellee Brief

17 Thunderbird Appellee Brief

18 Reply

23. Memorandum Affirming BR Court 3-29-18

114. Opinion Granting QCA MTD 2-28-17

Federal Circuit Stays PTAB Tribal Immunity Decision

Here are the materials in St. Regis Mohawk Tribe v. Mylan Pharmceuticals:

Motion for Stay

Opposition

Stay of PTAB Decision

Native Trade conference March 23-24 in Tucson

Here is the agenda: All Roads Lead to Chaco Canyon – Tentative Agenda

Native Trade Conference Flyer(1)