Tulalip Housing Construction Contract Dispute Remanded Back to State Court; Federal Court Awards Atty. Fees

Here are the materials in Lewis v. Raymond James Native American Housing Opportunities Fund II LLC (W.D. Wash.):

Fund Notice of Removal

Lewis Motion to Remand

Fund Opposition to Remand Motion

Lewis Reply

Fund Motion to Dismiss

Lewis Opposition to Motion to Dismiss

Fund Reply

DCT Order Remanding Lewis Complaint to State Court

Alaska Supreme Court Affirms Sovereign Immunity of Alaskan Native Village

Here is the opinion.

Omaha Tribe v. StoreVisions Cert Opposition Brief

StoreVisions Cert Opp

California Appellate Court Decides Tribal Immunity Case: Yavapai-Apache Nation v. Iipay Nation

Here is the opinion.

An excerpt:

Based on the parties’ course of dealing throughout the loan agreement transactions, in which Nation expressly and irrevocably waived tribal sovereign immunity and allowed court resolution of disputes in those courts having subject matter jurisdiction of any loan agreement problems, we conclude the trial court erred in granting the motion to quash. In any reading of the complaint, together with its exhibits and other submitted documents, Nation cannot properly invoke sovereign immunity to avoid the fourth amendment terms that allow California jurisdiction to be exercised. Nation already irrevocably waived such immunity in the earlier versions of the loan agreement, which the fourth amendment expressly ratified and affirmed, and Nation did not retract its actions. Regardless of any related loan guaranty litigation elsewhere, this record discloses that the amended loan agreement terms permit this action to proceed in California, and we reverse the order that quashed service of summons.

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.