CA10 Affirms Dismissal of Leadership Challenge at Ute Indian Tribe

The case is Wopsock v Natchees. The opinion is unpublished.

wopsock-v-natchees-appellant-brief

wopsock-v-natchees-federal-brief

wopsock-v-natchees-tribal-brief

wopsock-v-natchees-ca10-opinion

Carls v. Blue Lake Housing Authority Cert Petition Briefs Filed

While the chances for this petition on tribal sovereign immunity to be granted seem pretty slim, who knows? The cert petition briefs are all in and available here. We’ll know after the conference on May 8, 2008.

Missouri Courts Interpret Tribal Sovereign Immunity for First Time

The case is Ogden v. Iowa Tribe of Kansas and Nebraska. From the opinion:

In March of 2006, Larry Ogden, after communication with the tribal chairman of the “Iowa Tribe Executive Committee,” moved to Missouri to accept employment as manager of a truck stop near I-29 in Holt County, Missouri, known as the “Squaw Creek Eagles Nest Plaza.” Several months later, Ogden was terminated from employment. Ogden sued the “Iowa Tribe of Kansas and Nebraska” (“Iowa Tribe”) for breach of an employment agreement and for wrongful discharge. The Iowa Tribe filed a motion to dismiss the petition based upon tribal sovereign immunity. The trial court granted the motion to dismiss. Ogden appeals. We affirm.

Carls v. Blue Lake Housing Authority Cert Opp

carls-cert-opp

The rest of the materials are here.

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