Here is the order in Crow Allottees Assn. v. Bureau of Indian Affairs:
Crow Allottees Memorandum Opinion
Briefs:
Lower court materials here.
sovereign immunity
California COA Affirms $49M Judgment in Inter-Tribal Contract Dispute
Here is the opinion in Yavapai-Apache Nation v. La Posta Band of Diegueno Mission Indians:
Yavapai-Apache Nation v La Posta Band
Briefs:
Yavapai-Apache Nation Reply Brief
Yavapai-Apache Nation Response Brief
An excerpt:
This appeal arises from a contract dispute between two Indian tribes: Yavapai Apache Nation (YAN) and La Posta Band of Diegueno Mission Indians (La Posta). YAN is an Arizona-based tribe with about 2,400 members, and La Posta is a California based tribe with about 15 adult members. In the parties’ contract, La Posta promised to repay more than $23 million to YAN for funds borrowed to develop a casino that later proved unsuccessful. The parties waived sovereign immunity in their contract.
***
In the final judgment, the superior court awarded YAN $48,893,407.97 on its contract claim, and entered judgment against La Posta on its declaratory relief claim based on the court’s finding this claim was not ripe. Both parties filed appeals from this judgment. For the reasons explained, we find no reversible error and affirm the judgment in its entirety.
Washington COA Dismisses Two Challenges to Swinomish Civil Forfeiture under Rule 19
Here is the unpublished opinion in Washington v. Director of the Dept. of Licensing.
An excerpt:
After losing her vehicle to the Swinomish Tribe in civil forfeiture, Washington filed this suit against the Department of Licensing and unnamed Swinomish police officers. The trial court dismissed the case under CR 19 for failure to join an indispensable party: the Tribe. We affirm.
Here are the briefs:
And here is the unpublished opinion in Scott v. Doe.
Briefs:
Ninth Circuit Affirms Dismissal of Tort Claim against Rocky Boy’s
Here is the unpublished opinion in Eagleman v. Rocky Boy’s Chippewa-Cree Business Committee or Council.
Briefs here.
Lower court materials here.
Oral argument video here.
Georgia Appellate Court Vacates Arbitration Award against Guidiville Band of the Pomo Indians
Here is the opinion in Churchill Financial Management Corp. v. ClearNexus Inc. (Ga. Ct. App.):
An excerpt:
Most courts that have addressed this issue have determined that tribal sovereign immunity extends to entities known as chartered tribal corporations when they are “arms of the tribe.” Whether a corporation is an “arm of the tribe” protected by tribal sovereign immunity generally is determined based on a consideration of tribal involvement in the creation and control of the entity, intent to clothe the entity with immunity, and whether the entity serves tribal sovereign interests such as economic development.
Although neither the arbitrator nor the superior court engaged in an analysis based on any factors to determine whether Churchill is an arm of the Tribe, ClearNexus has conceded that Churchill is an arm of the Tribe. Additionally, Churchill’s articles of incorporation stated that “[t]he Corporation shall be wholly owned by the Tribe for the benefit of the Tribe and its members” and is clothed with the immunity of the Tribe. Therefore, we need not adopt a particular approach to determine this issue at this time, and we need not remand in order for the superior court to make this determination.
Ninth Circuit Decides Comenout v. Whitener (Rule 19, tribal immunity)
Federal Circuit Rejects Wyandot Nation of Kansas Trust Claims
Here is the opinion in Wyandot Nation of Kansas v. United States.
An excerpt:
The Wyandot Nation of Kansas (“Wyandot Nation”) is a Native American tribe allegedly tracing its ancestry to the Historic Wyandot Nation. It claims to be a federally recognized Indian tribe and a successor-in-interest to all of the treaties between the Historic Wyandot Nation and the United States. On June 1, 2015, Wyandot Nation filed a complaint in the United States Court of Federal Claims alleging that the United States had breached its trust and fiduciary obligations with respect to two trusts that resulted from prior treaties, including one related to amounts payable under a treaty signed in 1867 and one related to the Huron Cemetery. The Court of Federal Claims dismissed without prejudice for lack of jurisdiction and standing. Wyandot Nation appeals. We affirm.
Briefs here.
New York Appellate Division Vacates Money Judgment against Unkechaug Indian Nation
Here is the opinion in Aron Security Inc. v. Unkechaug Indian Nation (N.Y.A.D.):
An excerpt:
The plaintiff security company entered into a services contract with the defendant, the Unkechaug Indian Nation. Upon the defendant’s alleged failure to pay sums due under the contract, the plaintiff commenced this action, inter alia, to recover damages for breach of contract. After obtaining a judgment in its favor and against the defendant, entered May 22, 2014, the plaintiff served an information subpoena on nonparty Michelle Jackson, a signatory to the contract on the defendant’s behalf, in an effort to collect on the judgment. Jackson did not respond and the plaintiff moved, inter alia, to hold Jackson in contempt. The defendant then moved to dismiss the action for lack of subject matter jurisdiction, asserting that as an Indian tribe, it possessed sovereign immunity from suit. The Supreme Court denied the defendant’s motion and denied the plaintiff’s motion with leave to renew.
Contract Breach Action against Pinoleville Pomo Nation
Here are the materials so far in Forster-Gill Inc. v. Pinoleville Pomo Nation
Federal Court Orders More Briefing on Ownership Liability in CERCLA Suit Involving Navajo Reservation Uranium Mining
Here are the materials in El Paso Natural Gas Co. LLC v. United States (D. Ariz.):
114 Plaintiff Motion for Summary J
An excerpt:
Plaintiff El Paso Natural Gas Company brought suit under the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”) against Defendants United States of America, United States Department of the Interior, United States Bureau of Indian Affairs, United States Geological Survey, United States Department of Energy, and United States Nuclear Regulatory Commission (collectively, “United States”). Doc. 55. Plaintiff has filed a motion for partial summary judgment. Doc. 114. The motion is fully briefed (Docs. 114, 119, 123), and the Court heard oral argument on June 1, 2017. For reasons that follow, the Court rejects the United States’ sovereign immunity defense and will require additional briefing on the question of its CERCLA owner liability.
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