Bracker Motions for Summary Judgment Filed in Chehalis v. Thurston County

Here are those briefs:

Chehalis Motion for Summary J

Thurston County Motion for Summary J

Prior materials on this important case are here.

Colorado v. Cash Advance Briefing Complete

The first round of briefs (state, anti-payday loan amici, etc.) is here. The responses (mostly tribal) are here. And the final brief (state’s reply brief — State Reply Brief).

Federal Court Grants Stay in Shinnecock Smokeshop Case Pending BAP Decision

Here is the most recent opinion in Gristede’s Foods v. Poospatuck (Unkechauge) Nation — DCT Order Granting Stay until August 2010

Federal Court Dismisses Shinnecock Counterclaims in Smokeshop Suit

Here is the most recent opinion in Gristede’s Foods v. Poospatuck (Unkechauge) Nation (E.D. N.Y.) — DCT Order Dismissing Shinnecock Counterclaims

An excerpt:

the plaintiff’s motion to dismiss the Shinnecock defendants’ counterclaims is granted. The Shinnecock defendants are granted leave to amend their counterclaims for abuse of process and tortious interference with prospective economic advantage within ten days of entry of this order.

News Article on LTBB’s Economy

From Indianz:

The Little Traverse Bay Bands of Odawa Indians of Michigan recently formed a corporation to pursue economic development opportunities.

Waganakising Odawa Development, Inc. is looking at two sectors: government contracting and renewable energy. Frank Ettawageshik, the president of the corporation, believes the tribe can benefit from growth in both areas.

“It’s better, I believe, to not have all your eggs in one basket with revenue sources,” Ettawageshik said at a tribal council meeting, The Petoskey News-Review reported.

So far, Waganakising has landed one government subcontract and is looking for ways to get into alternative energy.

Continue reading

Additional Briefing in Cash Advance Case @ Colorado Supreme Court

Here is the next round of briefs (first round was here, an additional round is expected after the holidays):

Colorado Indian Bar Assn et al. Amicus Response Brief

Petitioners Combined Answer-Reply Brief

Little River Band of Ottawa Indians’ Summary Judgment Motion against NLRB

Previous materials are here, including the complaint and exhibits.

LRB Motion for Summary Judgment

LRB Statement of Material Facts

NLRB Opposition

LRB Reply

NLRB Surreply

US Dismissed from Employment Claim against Tribal Defense Contractor

The case is Rovinsky v. Choctaw Manufacturing and Development Corp. (D. N.J.). Here are the materials:

Rovinsky v Choctaw Mfg and Dev Corp DCT Order

Federal Motion to Dismiss

Choctaw Motion to Dismiss

The tribal motion to dismiss was denied but without prejudice, so it may be refiled at a later date.

Delaware DCT Holds that ANC Subsidiaries Subject to Suit under ADA and FMLA

The case is Peason v. Chugash Governmental Services, Inc. (D. Del.). The materials:

Pearson DCT Order

Chugash Motion to Dismiss

Pearson Opposition to Motion

Chugash Reply Brief

Sixth Circuit Affirms Immunity of Tribally-Owned Business Entities

Here is the opinion in Memphis Biofuels, LLC v. Chickasaw Nation Industries, Inc. — Memphis Biofuels v Chickasaw Nation Industries CA6 Opinion

Lower court materials and appellate briefs are here.

The court first concluded that Section 17 corporations do not automatically waive immunity: Continue reading