Ninth Circuit Briefs in EEOC v. Peabody Western Coal

Here:

EEOC Opening Brief

Federal Appellee Brief

Navajo Answer Brief

Peabody Coal Answer Brief

Reply TK EEOC Reply

Lower court materials here.

Federal Court Dismisses Amended Complaint in Spokane Tribal Member Trust Breach Case re: Uranium Mining

Here are the updated materials in Villegas v. United States (E.D. Wash.):

DCT Order Granting US Motion

US Motion

Villegas Response

US Reply

Prior materials are here and here.

Nooksack Petition for Review in Sovereign Immunity Appeal

Here are the materials in the petition stage of Outsource Services Management LLC v. Nooksack Business Corp.:

Nooksack Petition for Review + Appendix

Answer to Petition for Review

Lower court materials here.

Federal Court Dismisses FLSA Complaint against Potawatomi Bingo Casino (Forest County)

Here are materials from Smith v. Potawatomi Bingo Casino (E.D. Wis.):

DCT Order Dismissing Complaint

FCPC Motion to Dismiss

Tenth Circuit Rejects Tribal Membership Claim by Alleged Choctaw Freedman Descendant

Here is the opinion in Greene v. Impson.

An excerpt:

The question in this appeal is whether officials from the Bureau of Indian Affairs (BIA) violated Charles Greene’s constitutional rights by failing to provide him an application form to allow descendants of Choctaw Indian Freedman to apply for federal recognition as an Indian.

Briefs:

Greene Appellant Brief

Federal Appellee Brief

Greene Reply Brief

Split New Mexico COA Panel Holds Pueblo of San Felipe Not Immune from Land Suit (Case to Watch)

Here is the opinion in Hamaatsa, Inc. v. Pueblo of San Felipe. An excerpt from the majority:

Notwithstanding its purely facial attack and admission of the truth of the allegations of the complaint, including that the road is a state public road, the Pueblo argues that sovereign immunity bars the action for lack of subject matter jurisdiction. Yet, the Pueblo offered no evidence of any property or governance interests whatsoever in the road or that the road, concededly a state public road, would threaten or otherwise affect its sovereignty. The Pueblo has not attempted any proof, for example, that even though the road is a state public road, a district court’s declaration of that fact would in any way undermine the Pueblo’s sovereignty or sovereign authority, infringe on any right of the Pueblo to govern itself or control its internal relations, or otherwise adversely affect its governmental, property, or treasury interests.

And from the dissent:

Third, “sovereign immunity is not a discretionary doctrine that may be applied as a remedy depending on the equities of a given situation[, and,] it presents a pure  jurisdictional question.” Armijo, 2011-NMCA-006, ¶ 13 (internal quotation marks and  citation omitted). The Majority Opinion stresses that the effect of permitting the Pueblo to  exercise tribal sovereign immunity would be to deprive Hamaatsa and other members of  the public the opportunity for legal recourse. Majority Op. ¶ 16. The Majority Opinion even speculates that if tribal sovereign immunity were to apply, a pueblo or tribe could acquire  property “virtually anywhere in New Mexico” and deny access to the motoring public and neighboring property owners. Supra. This speculation assumes that a property owner has the ability to convey a dedicated public road and extends far beyond the facts of this case. But, more significantly, although I agree that Hamaatsa makes a strong equitable  argument, as this Court stated in Armijo, it is not relevant to the jurisdictional question  before us. Id.

Federal Court Dismisses Stockbridge-Munsee New York Land Claims

Here are the materials in Stockbridge-Munsee Community v. State of New York (N.D. N.Y.):

7-23-13 ORDER dismissing case

Stockbridge-Munsee Amended Complaint with Maps

Oneida NY Motion to Dismiss

State Defendants Motion to Dismiss

County-Muni Defendants Motion to Dismiss

Response to OIN Motion

Response to State Defendants Motion

Joint State Defendants Reply

OIN Reply

Stockbridge-Munsee press release on 7-24-13 decision

Federal Trade Commission Partially Settles Suit against Indian Country Payday Lenders

The case is Federal Trade Commission v. AMG Services (D. Nev.). Here are the most recent materials from the FTC website:

News coverage here.

Briefs here:

FTC Motion for Partial Summary J

AMG Response

Brady Response

Tucker Defendants Response

FTC Reply

 

Tonasket v. Sargent Cert Stage Reply Brief

Here:

Tonasket v Sargent Cert Stage Reply

Eighth Circuit Briefs in Tribal Court Jurisdiction Appeal from Rosebud Sioux

Here are the briefs in Columbe v. Rosebud Sioux Tribe:

Columbe Opening Brief

RST Answer Brief

Columbe Reply Brief

Lower court materials here.