Colorado ex rel. Suthers v. Cash Advance — Rent a Tribe Case

We have written about this case before — the question of whether Cash Advance and others who are part-owned by Indian tribes can avoid suit from the Colorado AG for unfair consumer practices (yecch).

The Colorado Court of Appeals reversed the trial court’s decision not to quash the subpoena directed against the tribe-owned Cash Advance defendant in this opinion — cash-advance-colorado-coa-opinion

The appellate briefs are here, and an additional amicus brief is here — amicus-brief-supporting-cash-advance (strangely, the brief doesn’t actually say who the amicus is…).

Federal Lawyer Articles on Indian Law

The March/April 2008 issue of the Federal Lawyer featured several articles on Indian law.

Zeke Fletcher on the legacy of Martinez, Wheeler, and Oliphant: trappedinthespringof1978

Casey Douma on the Indian Civil Rights Act: 40thanniversaryoficra

Mike McBride and Susan Huntsman on tribal labor relations: organizedlaborstrategiesforindiangaming

Goodman and Maxfield on the NIGC’s gaming management contracting: isthatyourfinalanswergoodmanmaxfield

Matthew Fletcher on the Supreme Court and the rule of law: supremecourtandtheruleoflaw

Native American Distributing v. Seneca-Cayuga Tobacco — Briefs in Tenth Circuit

This is a case involving the sovereign immunity defense of a tribal corporation before the Tenth Circuit. Oral argument was in March before Judges Briscoe, Gorsuch and Parker. Here are the materials (updated Nov. 18, 2008):

DCT Opinion

Appellant Brief

Appellee Brief

Appellant Reply Brief

KBIC v. Kleine — Michigan Sales and Use Tax Upheld

This case, decided by Judge Quist, out of the Western District of Michigan is the latest in a long string of Indian tax cases arising out of the Keweenaw Bay Indian Community’s reservation in the past few years, including Chippewa Trading v. Cox (CA6) and KBIC v. Rising (CA6). Here are the very lengthy materials in this case:

DCT Order Granting Michigan’s Motion for Summary Judgment – KBIC v. Kleine

Continue reading

Oneida Indian Tribe v. Village of Hobart – Village Retains Eminent Domain Power over Tribal Fee Lands

The district court issued a long opinion in favor of the Village of Hobart. The briefs are available at the NARF Supreme Court Project site.

Parks v. Tulalip — Sovereign Immunity of Tribal Casino

Here are the materials in Parks v. Tulalip Resort Casino, in which the district court for the Western District of Washington dismissed a tort claim against the casino on the grounds of sovereign immunity.

Tulalip Motion to Dismiss

Parks Opposition to Motion to Dismiss

DCT Order to Show Cause

Parks Response to Order to Show Cause

DCT Order Dismissing Claim

Vann v. Kempthorne D.C Circuit Oral Argument Scheduled

The oral argument is scheduled for May 6, 2008, before Circuit Judges Tatel, Garland, and Griffith.

Here is the order.

Marceau v. Blackfeet Housing Authority — Rehearing

As reported on Indianz, the CA9 issued a revised opinion in this matter. Here are the briefs:

Opening Brief

US Appellee Brief

CSKT Appellee Brief

Reply Brief

Original CA9 Opinion

Petition for Rehearing

CSKT Petition

Allen v. Mayhew – Section 1981 Claims Against Tribal Individuals

The E.D. Cal. refused to dismiss the Section 1981 claims against tribal casino employees on the grounds of sovereign immunity in Allen v. Mayhew. The underlying claim involves the plaintiff’s termination from employment with the tribal casino.

Here are the materials:

Mayhew Motion to Dismiss

Continue reading

Kalispel v. Moe — Tribal Sovereign Immunity

The Eastern District of Washington dismissed a permissive counterclaim against the Kalispel Tribe on sovereign immunity grounds. Here are the materials:

DCT Order – Kalispel Tribe v. Moe

Kalispel Motion for Summary Judgment

Moe Opposition to Motion for Summary Judgment

Kalispel Reply