NY Court of Appeals Affirms State Tax Collection Powers over Indian Retailers

Here is the opinion in White v. Scheiderman.

Briefs:

record on appeal

native outlet motion for leave to appeal

appellant brief

seneca nation amicus brief

cayuga nation amicus brief

state appellee brief

state response to tribal amici

reply brief

Federal Court Dismisses Employee Action against Wisconsin Oneida

Here are the materials in Delebreau v. Danforth (E.D. Wis.):

39 motion to dismiss

45 response

48 opposition

49 reply

56 dct order

Ninth Circuit Rejects Appeal of Individual Picayune Rancheria Members

Here is the unpublished opinion in State of California v. Picayune Rancheria of Chukchansi Indians.

Briefs:

opening brief

state answer brief

tribe answer brief

reply brief

Lower court materials.

Citizen Potawatomi Nation v. Oklahoma Cert Petition [Liquor sales, gaming compact, arbitration]

Here:

cpn v okla cert petition

Question presented:

Whether the Court of Appeals erred in reversing the District Court’s confirmation and enforcement of the Arbitrator’s Award pursuant to the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq.

Lower court materials.

UPDATE:

Oklahoma BIO

Why Can’t Native Americans Make Whiskey?

New York Times Op-Ed:

“Small-scale distilling is a booming business, providing much-needed jobs and revenue for state and local governments. So why are Indian tribes legally prevented from joining in?”

Op-ed is HERE.

Eleventh Circuit Rules Against Miccosukee Tribe and Sally Jim over Taxes

Here is the opinion in United States v. Jim.

Briefs here.

Seventh Circuit Decides Copyright Dispute Between Authors of Native-Themed Romance Novels

Here is the opinion in Rucker v. Fasano:

unpublished opinion

An excerpt:

No love is lost between romance novelists Kelly Rucker and Donna Fasano, who each wrote a tale of a wealthy teenage girl who falls in love with a boy of Native American heritage and becomes pregnant, before they are cruelly parted. To the reader’s relief, however, in each book the lovers are reunited years later, and they rekindle their fiery romance while their child explores his indigenous heritage with his father’s guidance. The characters’ happy endings, however, did not extend to the authors, who each claim to have conceived the story first. Rucker sued Fasano and her publishers for copyright infringement. In this appeal challenging the district court’s entry of summary judgment for the defendants, Rucker contends that disputes of material fact exist regarding Fasano’s access to Rucker’s story and the similarities between the two works. We affirm the judgment.

Sacred Dakota peace pipe sells for $40,000 — and buyer gives it back to Minnesota tribe

Story is HERE.

Klamath Sues over Two Endangered Fish Species

Here is the complaint in Klamath Tribes v. United States Bureau of Reclamation (N.D. Cal.):

1 complaint

Federal Court Rejects Effort to Block Lummi Crab Fishery as Unripe

Here are the materials in United States v. Washington subproceeding 18-02 (W.D. Wash.), aka Swinomish Indian Tribe v. Lummi Indian Tribe:

3 swinomish & tulalip motion for tro

16 upper skagit motion

19 lummi response

27 dct order