SCOTUS Vacates Washington SCT Decision in Upper Skagit Tribe v. Lundgren

Here is the opinion.

From Justice Gorsuch’s opinion:

Like some courts before it, the Washington Supreme Court read Yakima as distinguishing in rem from in personam lawsuits and “establish[ing] the princi­ple that . . . courts have subject matter jurisdiction over in rem proceedings in certain situations where claims of sovereign immunity are asserted.” 187 Wash. 2d, at 868, 389 P. 3d, at 574.

That was error. Yakima did not address the scope of tribal sovereign immunity. Instead, it involved only a much more prosaic question of statutory interpretation concerning the Indian General Allotment Act of 1887. See 24 Stat. 388.

***

We leave it to the Washington Supreme Court to address these arguments in the first instance. Although we have discretion to affirm on any ground supported by the law and the record that will not expand the relief granted below, Thigpen v. Roberts, 468 U. S. 27, 30 (1984), in this case we think restraint is the best use of discretion. Determining the limits on the sovereign immunity held by Indian tribes is a grave question; the answer will affect all tribes, not just the one before us; and the alternative argument for affirmance did not emerge until late in this case. In fact, it appeared only when the United States filed an amicus brief in this case—after briefing on certiorari, after the Tribe filed its opening brief, and after the Tribe’s other amici had their say. This Court has often declined to take a “first view” of questions that make their appearance in this posture, and we think that course the wise one today. Cutter v. Wilkinson, 544 U. S. 709, 718, n. 7 (2005).

Background materials here.

Federal Court Holds Federal Claims Act Suits against Section 17 Corporations are Suits against the Tribal Owner

Here are the materials in Cain v. Salish Kootenai College (D. Mont.):

90 CSKT Amicus Brief

92 SKC Motion to Dismiss

102 Cain Response

106 Reply

108 DCT Order

This case is on remand from the CA9.

Federal Court Dismisses Gaming Developer’s State Law Claims against Apache Tribe, Orders Tribal Court Exhaustion in Others

Here are the materials in FSS Development Company LLC v. Apache Tribe of Oklahoma (W.D. Okla.):

21 motion to stay

22 motion to dismiss

25 response

26 reply

31 dct order

Compensation-Based Class Action against Eastern Band Cherokee Casino Materials

Here are the materials so far in Clark v. Harrah’s NC Casino Company LLC (W.D. N.C.):

1 Complaint

34-1 Motion to Dismiss

39 Opposition

43 Reply

53 Magistrate Report

54 Defendants’ Limited Objections

55 Clark Objections

Ninth Circuit Briefs in Stillaguamish Tribe v. State of Washington [Apparent/Actual Authority to Waive Tribal Immunity]

Here:

State Opening Brief

Tribe Answer Brief

Reply

Oral argument video here.

Lower court materials here.

SCOTUS Denies Cert in New Mexico Public Service Co. v. Barboan

Yesterday’s order list is here.

Case materials are here.

Federal Court Holds Utah State Court Has Jurisdiction over Contract Dispute with Former Ute Tribe Contractor

Here are the materials in Ute Indian Tribe v. Lawrence (D. Utah):

52 motion for partial sj

53 motion for partial sj

54 emergency motion

95 becker opposition to emergency motion

101 reply

136 dct order

Tenth Circuit materials here.

Tenth Circuit Briefs in Eminent Domain Dispute involving Kiowa Tribe

Here are the briefs in Enable Oklahoma Intrastate Transmission LLC v. A 25 Foot Wide Easement:

enable brief

landowners brief

United States brief

reply

Lower court materials here and here.

 

Eighth Circuit Briefs in Stanko v. Oglala Sioux Tribe [traffic ticket]

Here:

Stanko First Brief

Tribe Answer Brief

Lower court materials here.

Federal Circuit Briefs in St. Regis Mohawk Tribe v. Mylan Pharmaceuticals

Here:

Opening Brief filed

Appellee Brief Filed

R Street amicus

Amicus Brief of United States

amicus HTIA