California COA Reverses Yavapai-Apache Nation v. La Posta Band of Diegueño Mission Indians

Matthew L.M. Fletcher

Here are the materials:

Unpublished Opinion.PDFDownload
La Posta Opening Brief.pdfDownload
YAN Response Brief.pdfDownload
La Posta Reply.pdfDownload
La Posta Supplemental Brief.pdfDownload
YAN Supplemental Brief.pdfDownload

Tenth Circuit Briefs in State of Kansas ex rel. Schmidt v. Dept. of the Interior

Matthew L.M. Fletcher

Here:

Opening Brief.pdfDownload
Interior Response Brief.pdfDownload
Reply.pdfDownload

Lower court materials here.

Wyandotte removal trail.

Federal Circuit Affirms Dismissal of Pro Se Suit by Cherokee Freedmen Descendant for Damages Arising from Slavery

Matthew L.M. Fletcher

Here is the opinion in Jarvis v. United States.

Wisconsin Federal Court Rejects Enbridge Demand to Depose Bad River Council Members “Thought Processes”

Matthew L.M. Fletcher

Here are materials in Bad River Band of the Lake Superior Tribe of Chippewa Indians v. Enbridge Inc. (W.D. Wis.):

122 DCT Order.pdfDownload
123 Third Amended Complaint.pdfDownload
157 Enbridge Motion to Compel from Tribal Council Members.pdfDownload
161 Opposition.pdfDownload
172 Bad River MSJ.pdfDownload
189 MJ Order Denying Motion to Compel.pdfDownload

Prior post here.

MHA Nation moves to intervene in redistricting case in North Dakota.

Matthew Campbell

The MHA Nation and individual Native American voters in North Dakota have filed a motion to intervene as defendants into a North Dakota District Court redistricting case.  The plaintiffs have sued the State to overturn a legislative subdistrict for the Fort Berthold Reservation.  The MHA Nation and tribal member intervenors are seeking to defend the Fort Berthold Reservation subdistrict that was approved by the North Dakota legislature.

Motion to intervene here:

mha-motion-to-interveneDownload

Press release here.

Maryland Appellate Court Holds Chickasaw-Owned Business Not Subject to State Taxation

Matthew L.M. Fletcher

Here is the opinion in A+ Government Solutions LLC v. Controller of Maryland:

A+ Opinion.pdfDownload
This place just exudes sexiness.

Massachusetts Federal Court Declines to Dismiss Suit against Tribal Lending Business Partner

Matthew L.M. Fletcher

Here are the materials in Duggan v. Martorello (D. Mass.):

118 Second Amended Complaint.pdfDownload
125 Martorello Motion to Dismiss.pdfDownload
136 Duggan Opposition to Martorello Motion.pdfDownload
143 Reply in Support of Martorello Motion.pdfDownload
168 Duggan Surreply re Martorello Motion.pdfDownload
196 Martorello Supplemental Brief re 124.pdfDownload
197 Duggan Response to 196.pdfDownload
200 Rule 19 Motion to Dismiss.pdfDownload
204 Duggan Response to Rule 19 Motion.pdfDownload
218 Martorello Reply re Rule 19 Motion.pdfDownload
219 Duggan Surreply re Rule 19 Motion.pdfDownload
226 MJ Order on Judicial Estoppel Motion.pdfDownload
232 MJ Order Denying Rule 19 Motion.pdfDownload
233 MJ Order Denying Martorello Motion.pdfDownload

Split Ninth Circuit Affirms Tribal Immunity in Banishment Case, Remands for Reconsideration of Section 1983 Claims against Tribal Officials

Matthew L.M. Fletcher

Here is the opinion in Oertwich v. Traditional Village of Togiak.

Togiak fish drying

Briefs here.

Albrecht v. County of Riverside Cert Petition [Leasing Regs + Taxation Preemption]

Matthew L.M. Fletcher

Here:

albrecht-cert-petitionDownload

Lower court materials here.

Questions presented:

  1. Do the federal regulations governing the leasing of Indian lands preempt state and local governments
    from taxing the leasehold interest conveyed by the regulated leases?
  2. Does the express preemption provision of the Indian Reorganization Act of 1934—which prohibits
    state taxes on “any interest in lands” that the government “acquire[s] pursuant to this Act … in trust
    for [an] Indian tribe or individual Indian”—apply when the government acquires extended trust rights
    pursuant to the Act?