Here are the materials in Western Sky Financial LLC v. Maryland Commissioner of Financial Regulation (D. Md.):
DCT Order Remanding Case to State Court
Maryland CFR Motion to Dismiss
Here is our post on the state court case, ongoing.
economic development
Tenth Circuit Affirms Dismissal of Title VII Claims against Tribal Corporation
Here is today’s opinion in Somerlott v. Cherokee Nation Distributors. Judge Gorsuch’s concurring opinion (starting at page 21) is a worthy read for tribal leaders and tribal counsel thinking about doing business outside of Indian country.
Briefs are here.
Excerpt here:
Tina Marie Somerlott appeals from the district court’s dismissal of her claims against CND, LLC (“CND”) for lack of subject-matter jurisdiction. See Fed. R. Civ. P. 12(b)(1). Somerlott brought federal employment discrimination claims against CND, alleging violations of Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act. After allowing discovery by both parties, the district court concluded CND was immune from suit under the doctrine of tribal sovereign immunity and, therefore, dismissed Somerlott’s complaint in its entirety. Exercising jurisdiction pursuant to 28 U.S.C. § 1291,
this court affirms.
Federal Court Dismisses Business Defamation Action against Caddo Member
Here are the materials in Kelin v. Guy (W.D. Okla.):
Briefs in In re Whitaker (Bucher v Dakota Finance Corp)
Bankruptcy Proceeding Involving Lower Sioux Indian Community and Dakota Finance Corporation
The opinion in Bucher v. Dakota Finance Corp; Dietz v. Lower Sioux Indian Community; Bucher v. Lower Sioux Indian Community (B.A.P. 8th Cir) is here.
The issue here is whether the filing of bankruptcy by Tribe members serves to make the debtors’ ongoing revenues from the Tribe available to the respective trustees for the benefit of their creditors. The Bankruptcy Court1 held that both the Tribe and Dakota Finance Corporation are protected by sovereign immunity and dismissed the adversaries as to those parties. The trustees appeal. For the reasons that follow, we affirm.
First US Oil Refinery in 40 Years Approved (at Fort Berthold Reservation)
Federal Court Enjoins Actions of Fake Tribal Court Harassing Native Village Corporation
Here are the materials in Koniag, Inc. v. Kanam (D. Alaska):
State Continues to Hold Cigarettes While Challenging Court Order
Important New Empirical Research on PL280’s Impact on Indian Reservation Crime and Economies
Valentina P. Dimitrova-Grajzl, Peter Grajzl, and A. Joseph Guse, have posted “Jurisdiction, Crime, and Development: The Impact of Public Law 280 in Indian Country” on SSRN. Here is the abstract:
Public Law 280 transferred jurisdiction over criminal and civil matters from the federal to state governments in selected parts of Indian country. Where enacted, the law fundamentally altered the pre-existing legal order. Public Law 280 thus provides a unique opportunity to study the impact of legal institutions and their change on socio-economic outcomes. The law’s controversial content has attracted interest from legal scholars. However, empirical studies of its impact are scarce and do not address the law’s endogenous nature. We examine the law’s impact on crime and on economic development in U.S. counties with significant American Indian reservation population. To address the issue of selection of areas subject to Public Law 280, our empirical strategy draws on the law’s politico-historical context. We find that the application of Public Law 280 increased crime and lowered incomes. The law’s adverse impact is robust and noteworthy in magnitude.
This is perhaps the most important piece of empirical scholarship on Public Law 280 in that the researchers are not recognized as supporting either side, as far as I can tell.
Turtle Talk 
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