Cross-Motions for Summary Judgment in Arizona v. Tohono O’odham Nation

Here are the materials so far:

Tohono O’odham Motion for Summary J

Arizona & Gila River & Salt River Cross-Motion

Update (5/8/13):

TON Reply

Arizona et al Reply

The complaint is here.

News coverage from Pechanga.

United Auburn Indian Community v. Salazar Complaint re: Trust Acquisition for Enterprise Rancheria of Maidu Indians of California

Here is the complaint:

UAIC v Salazar Complaint

Federal Court Orders Exhaustion of Tribal Remedies in Pojoaque Tribal Gaming Contract Dispute

Here are the materials in Fine Consulting, Inc. v. Rivera (D. N.M.):

DCT Order Granting Rivera Motion

Fine Consulting Complaint

Rivera Motion to Dismiss

Fine Consulting Opposition

Rivera Reply

If anyone doubts the impact of good Indian law scholarship, then look here. Sarah Krakoff’s excellent Colorado Law Review article Tribal Civil Judicial Jurisdiction Over Nonmembers: A Practical Guide for Judges is all over this opinion.

Eighth Circuit Decides City of Duluth v. Fond du Lac Band of Ojibwe Indians Gaming Revenue Sharing Appeal

Here are the materials in City of Duluth v. Fond Du Lac Band of Chippewa:

CA8 Opinion

Fond du Lac Brief

City of Duluth Brief

Fond du Lac Band Reply

City of Duluth Reply

From the court’s summary:

Indian Gaming Regulatory Act. A binding adjudication by a federal agency, which has been tasked with interpreting and enforcing a statute enacted by Congress, represents a change in the law for the purposes of Rule 60(b); here, the National Indian Gaming Commission’s decision that the agreement between the parties concerning the operation of a casino was in violation of the Indian Gaming Regulatory Act made illegal what the earlier consent decree between the parties was designed to enforce, and the district court did not err in deciding to grant prospective relief from continued enforcement of the 1994 consent decree by dissolving the decree as it related to the years 2011-2036; the district court erred in concluding that it could not grant retrospective relief under Rule 60(b)(6) and its ruling denying retrospective relief on rent payments from 2009 to 2011 is reversed, and the question remanded for further consideration.

Lower court materials here.

Interior Letter and Tribal Press Release to Mashpee Wampanoag Tribe re: Review of Gaming Compact Record

Here:

Release Federal Govt Pledges Rapid Review of LIT

Worker’s Comp Suit against Poarch Band Creek Casino Montgomery Dismissed

Here are the materials in Sanderford v. Creek Casino Montgomery (M.D. Ala.):

DCT Order Granting PBCI Motion

Poarch Band Motion to Dismiss

Sanderford Response

Poarch Band Reply

California Appellate Briefs in Employment Discrimination Suit against Morongo Casino Resort & Spa

Here are the materials in Chavez v. Morongo Casino Resort & Spa (Cal. App. 4th):

Chavez Opening Brief

Morongo Answer Brief

KG Urban Amends Complaint

Here:

KG Urban Amended Complaint

News coverage here.

The Indian preference part is still there.

SCOTUSBlog: Two Indian Law Petitions to Watch for this Week’s Conference

Here:

Issue: (1) Whether a non-custodial parent can invoke the Indian Child Welfare Act of 1978 (ICWA), 25 U.S.C. §§ 1901-63, to block an adoption voluntarily and lawfully initiated by a non-Indian parent under state law; and (2) whether ICWA defines “parent” in 25 U.S.C. § 1903(9) to include an unwed biological father who has not complied with state law rules to attain legal status as a parent.
Issue: (1) Whether a federal court has jurisdiction to enjoin activity that violates the Indian Gaming Regulatory Act (IGRA), 25 U.S.C. § 2701 et seq., but takes place outside of Indian lands; and (2) whether tribal sovereign immunity bars a state from suing in federal court to enjoin a tribe from violating IGRA outside of Indian lands.

 

Second Update in Michigan’s Suit against Proposed Sault Tribe Lansing Casino

Here are the new materials in State of Michigan v. Sault Ste. Marie Tribe of Chippewa Indians (W.D. Mich.):

Michigan Reply in Support of Motion for PI

Michigan Response to SSM Motion to Dismiss

Nottawaseppi Huron Band of Potawatomi Indians filings:

2012-12-21 Amicus Brief with Exs.

2012-12-21 Memorandum in supportof Motion to file an amicus brief

2012-12-21 Motion to file an amicus brief

Saginaw Chippewa Indian Tribe filings:

motionforleavetofile&brief

sagchipamicus

exhibitssagchip

Previous materials are here (complaint and motion for PI) and here (Sault Tribe’s responsive pleadings).