Ninth Circuit Rejects Tribal Immunity under Bankruptcy Act

Here is the unpublished order in Numa Corp. v. Diven, formerly Cedarville Rancheria v. Diven.

Briefs here.

Another weird one from DALL-E: A showdown between Indians and lawyers before the Supreme Court.

Ninth Circuit Rejects Challenge to Tribal Wind Farm

Here is the unpublished opinion in Backcountry Against Dumps v. Bureau of Indian Affairs.

Briefs here.

Update in Maverick Gaming Challenge to IGRA — New Venue and Rule 19 Motion to Dismiss

Here are the new materials in Maverick Gaming LLC v. United States (W.D. Wash.):

97 Reply

Prior post here.

Shoalwater Bay is serious.

Ninth Circuit Materials in Backcountry Against Dumps v. Bureau of Indian Affairs [Campo Band Wind Energy Project]

Here:

Lower court materials here.

Oklahoma Federal Court Finds No Jurisdiction in Contract Dispute Involving Seneca-Cayuga Nation

Here are the materials in The Queens LLC v. Seneca-Cayuga Nation (N.D. Okla.):

2 Complaint

10 Motion to Dismiss — Immunity

13 Response

14 Reply

17 Surreply

32 Motion for Determination of Federal Court Jurisdiction

35 Response

37 Reply

38 DCT Order

Photo by Pavel Danilyuk on Pexels.com

Lac Du Flambeau Ojibwe Cert Petition in Bankruptcy Act/Sovereign Immunity Case

Here is the petition in Lac du Flambeau Band of Lake Superior Chippewa Indians v. Coughlin:

Question presented:

Whether the Bankruptcy Code expresses unequivocally Congress’s intent to abrogate the sovereign immunity of Indian tribes.

Lower court materials here.

Update:

Cert Stage Materials in Lopez v. Quaempts

Here:

Questions presented:

  1. Whether this Court, to allow for more complete state court tort remedies against individual tribal employees, as indicated in Lewis v. Clarke, 137 S. Ct. 1285 (2017), should clarify existing tribal sovereign immunity law to allow tort vic- tims to sue a tribe based on vicarious lia- bility when a tribe ratifies individual tribal employees’ actions giving rise to the state tort claims.
  2. Whether the lower court’s refusal to rec- ognize a tribe’s ratification of tribal em- ployees’ allegedly tortious acts, as an express waiver of sovereign immunity im- permissibly interferes with states’ rights to award remedies to tort victims.

Lower court materials here.

Goony

Second Circuit Issues Decision in Shinnecock Fishing Rights Case

Non-decision, more like. Here are the materials in Silva v. Farrish:

Where’s this guy when you need him?

Opinion here. Excerpt from the court’s syllabus:

We hold that Ex parte Young applies to the plaintiffs’ fishing-rights claims against the New York State Department of Environmental Conservation (“DEC”) officials— but not against the DEC itself—because the plaintiffs allege an ongoing violation of federal law and seek prospective relief against state officials. We also hold that the plaintiffs have Article III standing to seek prospective relief and that Younger abstention no longer bars Silva from seeking prospective relief because his criminal proceedings have ended. We therefore conclude that the district court erred in granting summary judgment to the DEC officials on the plaintiffs’ claims for declaratory and injunctive relief. The district court properly granted summary judgment on the discrimination claims because there is no evidence in the record that would permit an inference of discriminatory intent.

Lower court materials here.

Michigan Federal Court Dismisses Sault Tribe Casinos’ Effort to Block State Court Contract Claims Initiated by Casino Development Corp.

Here are the materials in Kewadin Casinos Gaming Authority v. Draganchuk (W.D. Mich.):

After an ugly loss like this (it’s never good when the judge says you “blatantly misstate[d]” the law), maybe it’s time for a Fat Bastard burger from the Wicked Sister in the Sault. (It’s an unsolicited, unpaid ad — I just love this description. . . .)

Prior post here.

Materials on Kewadin’s failed effort to remove the state court claims to federal court here.

Law360 piece on state court sanctions issued against the tribe.

Idaho DCT Dismisses Suit Preventing CdA Tribe from Evicting Lumber Company

Here is the order in Stimson Lumber Co. v. Coeur d’Alene Tribe (D. Idaho):

Prior post here.