Plains Commerce Bank’s cert petn reply brief is here: Reply Brief
All other materials are at our previous post.
Plains Commerce Bank’s cert petn reply brief is here: Reply Brief
All other materials are at our previous post.
For details, see the call at For the Seventh Generation Blog, or contact Ezra Rosser.
Unfortunately, we can’t make it because we’ll be at the PIELC at Oregon Law School.
Plains Commerce Bank recently filed a cert petition in this matter, which involves a tribal court judgment against Plains Commerce. The bank argues the tribal court didn’t have jurisdiction over it, despite waiving that argument before the tribal court.
Here are the materials:
From the Peninsula Daily News:
By Jim Casey, Peninsula Daily News
NEAH BAY – The five members of the Makah tribe accused of illegally killing a whale will go to trial in tribal court Jan. 22.
Thanks to Mike McBride and June Mamagona Fletcher, you can download the entire article here without having to register with the Journal:
Wall Street Journal Article on Tribal Judges and Federal Indian Law
The Northern District of New York refused to dismiss a claim seeking to enforce a tribal court judgment against Harrah’s for an amount (including interest) approaching $3 Billion. The case is Vacco v. Harrah’s Operating Co., Inc.
Legal materials and news coverage below:
Judge Martin of the Eastern Band Cherokee tribal court has published “Federal Malpractice in Indian Country and the ‘Law of the Place’: A Re-examination of Williams v. United States Under Existing Law of the Eastern Band of Cherokee Indians” in the Campbell Law Review.
BNSF v. Vaughn involves the Hualapai tribe’s attempt to impose taxes on BNSF railroad. BNSF brought an Ex parte Young action against two tribal officials: the chairman and the tax collector, seeking an injunction. The tribe argued that the railroad was required to exhaust its tribal remedies and that the tribe and its officials hadn’t waived tribal immunity. The district court disagreed. Here, the Ninth Circuit held that the tribe could bring an interlocutory appeal of the rejection of the immunity defense, but held that the tax collector was not immune from suit and remanded for further proceedings.
Here are the materials:
From the Las Cruces Sun-News (h/t Indianz):
ALBUQUERQUE – Months before the Navajo Nation’s first casino is scheduled to open, a group is planning to sue over the validity of legislation that provides for financing the development of that casino and others.
This case, involving the tribal court exhaustion doctrine, was argued before the Ninth Circuit in May 2007 before Brunetti, McKeown, and William Fletcher. A parallel case is ongoing in the Yakama tribal court.
Here are the materials:
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