Research

Tenth Circuit Rules against Cherokee Companies in Employee Poaching Suit

Matthew L.M. Fletcher

Here are the materials in LS3 Inc. v. Cherokee Nation Strategic Programs LLC:

Unpublished Opinion.pdfDownload
Opening Brief.pdfDownload
Appellee Brief.pdfDownload
Reply.pdfDownload
From Sarah Cooper’s 10 Tricks to Appear Smart in Meetings

Washington COA Rejects Cowlitz Members’ Aboriginal Fishing Rights Claim

Matthew L.M. Fletcher

Here are the materials in Simmons v. State of Washington:

550199 Appellants’ Brief.pdfDownload
550199 Respondent’s Brief.pdfDownload
550199-Reply Brief.pdfDownload
D2 55019-9-II Published Opinion.pdfDownload

Montana SCT Rules Against US in Case Where BIA Police Officer Sexually Assaulted Tribal Member

Matthew L.M. Fletcher

This means that the United States is potentially liable under the Federal Tort Claims Act. Let the settlement negotiations proceed.

Opinion in L.B. v. United States:

Opinion – Published.pdfDownload

Argued by April Youpee-Roll in her first argument. She kicked some serious onze in this one.

Briefs:

Appellant Brief.pdfDownload
Amicus Brief Supporting Appellant — NIWRC.pdfDownload
ACLU Amicus Brief.pdfDownload
US Brief.pdfDownload
Reply.pdfDownload

South Dakota District Court Grants Preliminary Injunction in Lower Brule Redistricting Suit

Matthew Campbell

Here is the order:

doc.-055-order-on-mtn-for-preliminary-injuction-granted-lower-brule-22cv3008-2022.08.11-004Download

The decision acknowledges that the county’s current redistricting plan would dilute the voting power of the Native community and requires the county commissioners to create a new plan for the county elections in November. “The Lower Brule Sioux Tribe remains ready to help Lyman County make positive changes on and off-reservation: let’s get started,” said plaintiff, voter, and Lower Brule Sioux Tribe Vice Chairman Neil Russell.

More here. Previous post here.

Montana Federal Court Allows Tribal Members’ Race Discrimination Complaint against Telephone Coop to Proceed

Matthew L.M. Fletcher

Here are the materials in Barnes v. 3 River Telephone Cooperative, Inc. (D. Mont.):

9 Amended Complaint.pdfDownload
14 Motion to Dismiss.pdfDownload
20 Response.pdfDownload
23 Reply.pdfDownload
30 DCT Order.pdfDownload
Itspeteski

D.C. Circuit Rejects Oglala Sioux Tribe Challenge to Uranium Mine

Matthew L.M. Fletcher

Here is the opinion in Oglala Sioux Tribe v. Nuclear Regulatory Commission.

Briefs:

Tribal Opening Brief.pdfDownload
Federal Brief.pdfDownload
Powertech Brief.pdfDownload
Tribe Reply.pdfDownload

Prior post here.

D.C. Circuit Rejects Oglala Sioux Tribe Challenge to Uranium Mine

Matthew L.M. Fletcher

Here is the opinion in Oglala Sioux Tribe v. Nuclear Regulatory Commission.

Briefs:

Tribal Opening Brief.pdfDownload
Federal Brief.pdfDownload
Powertech Brief.pdfDownload
Tribe Reply.pdfDownload

Prior post here.

Friday Job Announcement Summer Hiatus

ilpc

Apologies for the late announcement, but due to ILPC staffing changes, we had to take a Friday Job Announcement summer hiatus. We plan to start up again later this month. Thank you for your patience with us during our various transitions.

Washington Federal Court Grants Yakama Nation Partial Win in CERCLA Dispute over City of Yakima Landfill

Matthew L.M. Fletcher

Here are the materials in Confederated Tribes and Bands of the Yakama Nation v. City of Yakima (E.D. Wash.):

37 Second Amended Complaint.pdfDownload
69 Yakama Nation MSJ.pdfDownload
71 City MSJ.pdfDownload
75 Yakama Nation Response to 71.pdfDownload
77 City Response to 69.pdfDownload
81 Yakama Nation Reply in Support of 69.pdfDownload
83 City Reply in Support of 71.pdfDownload
87 DCT Order.pdfDownload