This disputes arises out of an alleged breach of a gaming machine lease agreement, and an alleged waiver of tribal immunity needed to enforce the agreement. Currently, the Tribe’s motion to remand the case back to state court is pending.
Here are the materials so far in Apache Tribe of Oklahoma v. TGS Anadarko (W.D. Okla.):
And here are the related state court materials:
Here.
Here are the materials in this update to Grondal v. United States (E.D. Wash.):
An excerpt from the court’s order:
Plaintiffs filed their Complaint on January 21, 2009. Plaintiffs have acquired memberships in and are tenants/occupants of the Mill Bay Resort, a campground located on Lake Chelan in Chelan County, Washington. The Mill Bay Resort exists on real property known as Moses Allotment No.8, also known as Indian Allotment 151-MA-8 (“MA_8”), which consists of approximately 174.26 acres on the shores of Lake Chelan. MA-8 is part of an original allotment authorized under the Moses Agreement of July 7, 1883 as ratified by 23 Stat. 79-80, July 4, 1884 and conveyed to Wapato John through two trust patents. The history of the creation ofMA-8 and other Moses Agreement allotments has been discussed elsewhere, including in this court’s decision on summary judgment (ECF No. 144), in Wapato Heritage, LLC v. U.S., 637 F.3d 1033 (9th Cir. 2011), and in U.S. v. La Chappelle, 81 F. 152 (C.C. 12 Wash. 1897), United States v. Moore, 161 F. 513 (9th Cir. 1908), and Starr v. Long Jim, 227 13 U.S. 613 (1913).
Here are the materials in Wiseman v. Osage Indian Agency (E.D. Va.):
Here are the materials in Challinor v. United States (E.D. Wash.), where the court concludes:
In summary, because the Estate’s FTCA negligence claims colorably fall within FECA’s scope, the Court must dismiss this lawsuit for lack of subject-matter jurisdiction. See Moe, 326 F.3d at 1068 (requiring dismissal of a claim that is “colorably within” FECA’s scope). Although the United States may face liability under the FTCA if an injury occurs to a non-Job-Corps participant at YFP because that individual may not be a federal employee, the Court recognizes this question is not before it at this time. The Court is hopeful that the BIA and YFP take the appropriate necessary steps to ensure that all workers, especially those young Job Corps students with so much life ahead, are not subjected to such serious safety violations. See Marly’s Bear Med. v. United States, 241 F.3d 1208, 1216-17 (9th Cir. 2000) (finding that fatal injuries to anon-federal employee during a logging operation conducted pursuant to a BIA contract were recoverable under the FTCA because the BIA’s responsibility to ensure that safety precautions were implemented was not a discretionary function). The Court is also hopeful that Congress will soon address the shameful inadequacy of FECA’s $10,000.00 death gratuity payment. While the law required this decision, the Court sympathizes with Mr. Challinor’s parents for the loss of their son.
The Buffalo Law Review has published, ‘The Power to Tax is the Power to Foreclose: Reuniting Law and Logic in Tribal Immunity from Suit.”
Here are the materials in Koscielak v. Stockbridge-Munsee Community:
Here is that opinion:
Here is the Colorado Supreme Court decision remanding the case back to the trial court.
Here is the opening brief in Outsource Services Mgmt LLC v. Nooksack Business Corp.:
670506 Appellant Nooksack Business’s
The issue (from the brief):
This Court should reverse for legal errors the denial of the Nooksack Business Corporation’s motion to dismiss Outsource Services Management LLC’s complaint. The trial court erred when it denied the Nooksack Business Corporation’s motion to dismiss for lack of subject matter jurisdiction, lack of personal jurisdiction and failure to state a claim. Reversal is required to preserve the sovereignty of the Tribe under Washington and federal law and this Court’s jurisprudence regarding jurisdiction, and to comply with the Indian Gaming Regulation Act.
Turtle Talk 
You must be logged in to post a comment.