Washington COA Holds State Courts Have Subject Matter Jurisdiction over Tribal Corporation

Here is the opinion in Outsource Services Management v. Nooksack Business Corporation:

Wash COA Opinion

And the briefs:

Outsource Services Management, Respondent v. Nooksack Business Corporation, Appellant
Case Number – 67050-6
Hearing Date – 09/20/2012

Pending Ninth Circuit En Banc Petition Materials in Maxwell v. County of San Diego

You’ll recall the panel opinion here found that tribal employees have no official immunity for official actions.

Here are the en banc petition materials:

Viejas Band En Banc Petition

Gila River Amicus Brief

Suquamish Tribe Amicus Brief

Yocha Dehe Wintun Nation Amicus Brief

Maxwell Response to En Banc Petition

Maxwell Supplemental Authorities Letter

The petition is still pending, but perhaps the Miller v. Wright amendment is evidence that the Ninth Circuit could take this case for en banc review.

Ninth Circuit Amends Miller v. Wright Panel Opinion

Here is the amended opinion.

Our post on the prior opinion is here.

The single amendment is to eliminate this footnote:

4. Neither in the district court nor on appeal do Miller, Lanphere, and Matheson allege a separate and distinct claim for injunctive or declaratory relief against the officials qua officials. See Maxwell, —- F.3d —-, 2012 WL 4017462, at *11. We therefore express no opinion as to the viability of such a claim against the officials themselves.

An en banc petition in the Maxwell case is currently pending.

Federal Court Order Memorializing Grant of Injunction against Yakama Tribal Court in Washington-Yakama Tax Dispute

Here is the order:

DCT Order Granting Washington’s Motion for PI

Briefs and materials here (federal) and here (tribal).

Worker’s Comp Suit against Poarch Band Creek Casino Montgomery Dismissed

Here are the materials in Sanderford v. Creek Casino Montgomery (M.D. Ala.):

DCT Order Granting PBCI Motion

Poarch Band Motion to Dismiss

Sanderford Response

Poarch Band Reply

California Appellate Briefs in Employment Discrimination Suit against Morongo Casino Resort & Spa

Here are the materials in Chavez v. Morongo Casino Resort & Spa (Cal. App. 4th):

Chavez Opening Brief

Morongo Answer Brief

Federal Court Denies Navajo Rule 19 Motion in Diné CARE v. US Office of Surface Mining Reclamation

Here is the order:

DCT Order Denying Navajo Motion to Dismiss

Briefs are here.

Pala Disenrollees’ Suit against Feds Dismissed for Failure to Exhaust

Here are the materials in Aguayo v. Salazar (S.D. Cal.):

Aguayo Complaint

Federal Motion to Dismiss

Aguayo Response

Federal Reply

Pala – Order Granting MTD (Emblem case)

SCOTUSBlog: Two Indian Law Petitions to Watch for this Week’s Conference

Here:

Issue: (1) Whether a non-custodial parent can invoke the Indian Child Welfare Act of 1978 (ICWA), 25 U.S.C. §§ 1901-63, to block an adoption voluntarily and lawfully initiated by a non-Indian parent under state law; and (2) whether ICWA defines “parent” in 25 U.S.C. § 1903(9) to include an unwed biological father who has not complied with state law rules to attain legal status as a parent.
Issue: (1) Whether a federal court has jurisdiction to enjoin activity that violates the Indian Gaming Regulatory Act (IGRA), 25 U.S.C. § 2701 et seq., but takes place outside of Indian lands; and (2) whether tribal sovereign immunity bars a state from suing in federal court to enjoin a tribe from violating IGRA outside of Indian lands.

 

Updated Materials in Miccosukee v. Cypress

Here are motions to dismiss Miccosukee Second Amended Complaint:

Billy Cypress Motion to Dismiss

Dexter Lehtinen Motion to Dismiss

Guy Lewis and Michael Tein Motion to Dismiss

Julio Martinez Motion to Dismiss

Miguel Hernandez Motion to Dismiss