Interior Cert Stage Reply Brief in Patchak

Here.

Arbitrator Accepts Jurisdiction in Grand Canyon Skywalk Dispute over Hualapai’s Objections

Here is the arbitrator’s ruling:

OrderReJurisdiction

Prior posts on this case are here and here and here and here and here.

Challenge to Colville State Tax Agreement Dismissed

Here are the materials in Tonasket v. Sargent (W.D. Wash.):

Colville Motion to Dismiss

Tonasket Response

Colville Reply

DCT Order Granting Colville Motion

Seventh Circuit Declines En Banc Review Petition Files in Wells Fargo v. Lake of the Torches EDC

Here are the materials:

Wells Fargo Petition for En Banc Rehearing

CA7 Order

Panel materials are here.

Arizona Appeals Court Declines to Dismiss Appeal of Non-Indian Party Suing Yavapai-Apache

Strange little case, unpublished in the Arizona Reporter, and captioned MM&A Prods., LLC v. Tang.

The court previously held that the underlying contract claim against the Yavapai-Apache Nation should be dismissed. But the plaintiffs keep coming: Continue reading

Patchak Cert Opposition Brief

Here:

Patchak Oppn to Cert Pet

The petitions and other materials are here and here.

Materials in ERTC v. Los Coyotes: Eviction of Military Training Center

In a case AK reported last weekend, here are the materials in ERTC LLC v. Los Coyotes Band of Cahuilla and Cupeno Indians (S.D. Cal.):

DCT Order Denying TRO against Los Coyotes

ERTC Motion for TRO

Los Coyotes Opposition

And another motion pending:

Los Coyotes Motion to Dismiss

Los Coyotes Tribe Evicts Military Training Center

The first part of the article from Sign On San Diego:

The Los Coyotes Indian tribe can evict the military training center that has been operating on its remote North County reservation since last year, according to a ruling a federal judge issued Friday.

U.S. District Court Judge William Q. Hayes refused to grant a temporary restraining order against the tribe, which would have barred it from evicting ERTC LLC, formerly known as the Eagle Rock Training Center. The business, which caters to the military and law enforcement, insists it has a valid 25-year lease to conduct business on virtually the entire 25,000-acre North County reservation.

More Bad Press on Tribal Payday Lending Companies

Here, via Indianz.

Two points on payday lenders that should be apparent by now:

1. Read the Nebraska Supreme Court decision in StoreVisions v. Omaha Tribe, where the court held that tribal immunity was waived where the tribal chair and vice chair signed a waiver document (without constitutional authority to waive immunity) in the presence of other council members, and which the court held the presence of the other council members was sufficient to waive tribal immunity. Courts will find a way to find a waiver.

2. Read David Fredericks’ rendition (pp.217-18) of the oral argument before the U.S. Supreme Court in C&L Enters. v. Citizen Potawatomi, where the Court directly asked the CPN attorney about the way tribes view immunity, and the deeply off-put reaction from the Court by the answer. In fact, here is that exchange (well worth the read):

Continue reading

Challenge to Colville Membership Decision Dismissed by Federal Court

Here are the materials in Desautel v. Dupris (E.D. Wash.):

DCT Order Dismissing Desautel Complaint

Colville Motion to Dismiss

Desautel Response

Colville Reply