Federal Court Certifies Class in Williams v. Big Picture Loans

Here are the materials in Williams v. Big Picture Loans LLC (E.D. Va.) (this case is on remand from the Fourth Circuit):

960 DCT Order re Motion for Protective Order

968 Motion to Certify Class

1007 Opposition to 968

1055 Reply in Support of 968

1090 DCT Order Denying Motion for Stay Pending Appeal

1106 DCT on Motion to Certify Class

1110 Memorandum Opinion

Prior post here.

Michigan (“largely”) Prevails over Keweenaw Bay Indian Community on Sales and Use Taxes

Here are the updated materials in Keweenaw Bay Indian Community v. Khouri (W.D. Mich.):

317 Michigan MSJ

328 KBIC MSJ

365 Michigan Response to 328

370 KBIC Response to 317

376 Michigan Reply

377 KBIC Reply

421 DCT Order re State Prosecutions

422 DCT Order re Protective Order

423 DCT Order

Prior post here.

Minnesota Bankruptcy Court Holds Pokagon Potawatomi Gaming Per Capita Payments are Not Part of Debtor’s Estate

Here are the materials in In re Musel (D. Minn. Bkrcy.):

10 Motion to Turnover

14 Response

22 Trustee Brief

23 Debtor Brief

25 Memorandum Decision and Order

An excerpt:

The Pokagon Band followed all of the requirements outlined in IGRA – a federal statute – to achieve federal approval for its Gaming Revenue Allocation Plan. Once that RAP was approved, the Band’s sovereignty ensured that it became the sole and exclusive authority for creating and defining property rights for payments it authorized. The RAP’s plain language prevented the creation of any vested property right or interest, and any intangible right to payment was unique to the individual tribal member. As a consequence, the debtor had no property interests that would be considered property of the estate under § 541(a). Additionally, even outside of the Pokagon Band’s sovereign authority to create and define property rights, the per capita payments are not property of the estate in policy, logic, or equity.

House Resources/Indigenous Peoples Subcommittee Hearing Today

Here:

Legislative: Hearing on Tribal-Related Legislation – Including RESPECT Act and Stop Act

Subcommittee for Indigenous Peoples of the United StatesDate: Thursday, May 20, 2021Add to my CalendarTime: 12:00 PMPresiding: The Honorable Teresa Leger Fernández, Chair

On Thursday, May 20, 2021 at 12:00 p.m. EDT, the Subcommittee for Indigenous Peoples of the United States (SCIP) will host a virtual, fully remote legislative hearing on the following tribal-related legislation:

  • H.R. 2930 (Rep. Leger Fernández), To enhance protections of Native American tangible cultural heritage, and for other purposes, STOP Act of 2021.
  • H.R. 438 (Rep. Young), To amend the Alyce Spotted Bear and Walter Soboleff Commission on Native Children Act to extend the deadline for a report by the Alyce Spotted Bear and Walter Soboleff Commission on Native Children, and for other purposes.
  • RESPECT Act [discussion draft] (Rep. Raúl Grijalva), To prescribe procedures for effective consultation and coordination by Federal agencies with federally recognized Indian Tribes regarding Federal Government actions that impact Tribal lands and interests to ensure that meaningful Tribal input is an integral part of the Federal decision-making process.

Witness List

The Honorable Brian D. Vallo (H.R. 2930) (testimony)

Governor

Pueblo of Acoma

Acoma, NM

Ms. Stacy Leeds (Discussion Draft – RESPECT Act) (testimony)

Professor of Law and Leadership

ASU Sandra Day O’Connor College of Law Phoenix, AZ

Mr. Matthew L.M. Fletcher (Discussion Draft – RESPECT Act) (testimony)

Director & Professor of Law

Indigenous Law and Policy Center

Michigan State University College of Law

Ann Arbor, MI

Ms. Lauren van Schilfgaarde (Discussion Draft – RESPECT Act) (testimony)

Director

Tribal Legal Development Clinic

UCLA School of Law

Los Angeles, CA

Mr. Robert Gallegos (H.R. 2930) (testimony)

Treasurer

Antique Tribal Art Dealers Association PO Box 45628

Rio Rancho, NM 87174