Oral Argument Transcript in Cougar Den Case

Here.

Briefs and other materials here.

Eighth Circuit Asks Defendants for Response to En Banc Petition

Here is the order:

JUDGE ORDER:A petition for rehearing has been filed by the appellees in the above cases. The court requests a response to the petition. The response is limited to 3900 words and must contain a word count certificate. The response should be filed electronically. Response due on 11/08/2018 by Appellants Mark Vargo, Craig Pfeifle and Lisa Fleming. Hrg Feb 2018 [4720385] [17-1135, 17-1136, 17-1137] (JPP)

The petition is here.

 

Split Hawai’i SCT Affirms Telescope Placement on Mauna Kea

Here is the opinion in In re Contested Case:

392007050-hawaii-supreme-court-opinion-on-tmt.pdf

There is a dissent but that opinion will follow.

Spirit Lake Sioux Tribe Sues over Continuing Voting Rights Issues

Here is the complaint in Spirit Lake Tribe v. Jaeger (D. N.D.):

doc-1-spirit-lake-v-jaeger-00196747x9d7f5.pdf

Second Circuit Affirms Dismissal of Vendor Complaint against New York Oneida

Here is the unpublished opinion in Laake v. Turning Stone Casino.

Briefs:

laake-brief.pdf

tribe-brief.pdf

Michigan Tribal-State-Federal Judicial Forum @ Gun Lake Tribal Court

California COA Reinstates Lawsuit against Tribal Lawyers

Here is the unpublished opinion in Fernandez v. Marston:

Fernandez v Martson

An excerpt:

Two unwitting pawns in a bitter, protracted leadership dispute between rival factions of an Indian tribe, appellants Shawn Fernandez and Brian Auchenbach, took part in a paramilitary raid of the tribe’s casino offices in order to oust a competing tribal faction of possession. The two men believed they had been lawfully deputized as police officers for the tribe, had full legal authority to engage in the operation, and would not face any adverse legal consequences or criminal charges as a result. They believed this, because attorneys for the tribal faction that hired them as police officers assured them it was true.

It wasn’t. Contrary to counsel’s assurances, Fernandez and Auchenbach were arrested by the Madera County Sheriff’s Department, along with the others who participated in the raid, and were charged with 29 felony counts. The two men then brought this lawsuit against the attorneys involved, alleging causes of action for attorney malpractice, negligence and fraud, premised on the attorneys’ false assurances to them concerning the validity of the tribal police force that had hired them and the legality of the armed raid they took part in.

The trial court granted the attorneys’ motion to strike their complaint under the anti-SLAPP statute (Code Civ. Proc., § 425.161). We reverse, because this lawsuit does not arise from any activity protected by that statute.

Federal Court Memorandum on Aboriginal Title Matters in Pueblo of Jemez Land Claim

Here are the materials in Pueblo of Jemez v. United States (D.N.M.):

236 Pueblo Motion in Limine

247 Opposition

261 Reply

317-memorandum opinion and order 102518

Prior posts here.

Ninth Circuit Panel Amends in Grand Canyon Uranium Mine Challenge

Here is the amended opinion in Havasupai Tribe v. Provencio. En banc petition denied.

En banc and rehearing briefs here:

Grand Canyon Trust En Banc Petition

Havasupai En Banc Petition

Professors Amicus Brief

US Response

Industry Response

Panel materials and other materials here.

Washington State Supreme Court Upholds Charter Schools (Tribal-State Compact Schools)

Here are the materials in El Centro De La Raza v. State of Washington:

Superior Court Summary Judgment Order

Supreme Court Opinion

Wa he lut Indian School Amicus Brief