FBA’s D.C. Indian Law Conference

Colette Routel, Ethan Jones, and David Giampetroni discussing Indian Lands and Litigation
Lance Fisher and Conference Co-Chair Rose Petoskey at the start of the Conference.

Federal Court Sends LDS Back to Navajo Nation Court (Again)[tribal court exhaustion]

Decision here.

As discussed above, the court holds that Plaintiffs have not exhausted their tribal remedies. “When a court finds, as here, that tribal exhaustion is required, the court can stay or dismiss the action . . . .” Jaramillo v. Harrah’s Entm’t, Inc., No. 09CV2559 JM (POR), 2010 WL 653733, at *2 (S.D. Cal. Feb. 16, 2010). The undersigned has become familiar with much of the tribal proceedings that have already occurred. In the interest of judicial economy, the court stays rather than dismisses the case. Because the court stays the case, the court DENIES Defendant’s Motion to Dismiss, (ECF No. 17). The court also DENIES Plaintiffs’ Motion for Preliminary Injunction, (ECF No. 7).

Previous coverage here.

 

Turtle Talk Visual Theme Changes

Because we haven’t changed the theme of Turtle Talk in nearly 10 years, the WordPress theme isn’t working anymore (and the search bar has disappeared to the bottom of the page). We are testing some different looks, so please be patient with us.

 

 

ICWA Article in the Deseret News

Here

SALT LAKE CITY — Over the summer, Shari Pena’s 3-month-old foster son chuckled for the first time when his older sister sneezed, kicking off a new family tradition.

The Penas gathered to celebrate the giggle, a milestone in the child’s Navajo culture. They shared a chicken and rice dish in their West Valley home and took a pinch of salt from the baby’s palm, a gesture symbolizing his generosity.

As the federal law governing child welfare cases for Native American children has withstood recent legal challenges in Utah and in other states, the Penas are among those cheering the victories. The Indian Child Welfare Act sets special standards in the adoption and foster care proceedings and gives preference to Native American families — part of an effort by Congress to correct historical bias against them.

“It’s important that these kids stay in native homes,” Pena said. “We understand one another, our past and our ancestors.”

Pena, a citizen of the Cherokee Nation, said certain aspects of Navajo culture mirror her own upbringing in Oklahoma, including a strong focus on family. For newer factors like the first laugh party, she seeks guidance from the child’s biological grandmother and his four foster siblings.

UNM Tribal Law Journal

Yá’át’ééh and Hafa Adai! The University of New Mexico School of Law Tribal Law Journal would like to invite you to contribute to their online blog. Please see the attached PDF for details on how to submit to a blog.

 

Koi Nation v. Dept. of Interior Remanded to Agency by D.C. Circuit

Here are the materials in Koi Nation of Northern California v. Dept. of Interior:

Federal Motion to Remand

Order

Lower court materials here.

Materials in Yet Another Pending Suit Filed in 2017 regarding Galanis et al. Investment Fraud involving Wakpamni Lake Community Corporation

Here are the materials so far in Water Works Board of the City of Birmingham v. U.S. Bank National Association (D.S.D.):

1 Complaint

26 US Bank MTD

29 Opposition

30 Reply

32 DCT Order

68 Chicago Transit Complaint in Intervention

UPDATE:

99 US Bank Motion to Dismiss

151 Stipulation of Dismissal [RHCT]

Materials in Pending Suit Filed in 2017 regarding Galanis et al. Investment Fraud involving Wakpamni Lake Community Corporation

Here are the materials (so far) in Michelin Retirement Plan v. Dilworth Paxon LLP (D.S.C.):

1 complaint

67-1 Greenberg Traurig MTD

91-1 Dilworth Paxon MTD

150 Michelin Response to GT MTD

150-10 GT Opinion Letter

150-12 GT Invoice to WLCC

150-14 OST Resolution on Raines Authority

150-15 OST Council Meeting Minutes

150-16 Morton Materials re WLCC

150-17 GT Opinion Letter

161 Michelin Response to Dilworth MTD

161-2 Dilworth Opinion Letter

161-4 Investment Mgmt Agreement

161-5 Trust Indenture

161-10 SEC Complaint

161-14 Dilworth Opinion Letter

172 Request for Default Judgment on Wakpamni

179 GT Reply

180 Dilworth Reply

203 Magistrate Report

209 GT Objection

218 DCT Order Denial of 67 & 91

372 Notice of Voluntary Dismissal of GT

408 Magistrate R&R re 301

411 Amended Complaint

411-1 Timothy Anderson Engagement Letter

411-10 WLCC Bank Statement

468 DCt Order Granting Dilworth MTD

Jury selection is set for February 2020. Wakpamni Lake Community Corporation did not file a response. The clerk issued a default judgment against WLCC. Docket no. 173.

605 Default Judgment

Rosalie Fish presenting on MMIW at TEDxYouth@Seattle

More Docs Related to Galanis et al. Fraud involving Wakpamni Lake Community Corporation owned by Oglala Sioux Tribal District

We posted a complaint yesterday filed by a Chicago retired employee fund against individuals and law firms that worked on this deal.

Here are a few more docs (there is a lot to dig up, but this is a start):

SEC complaint

federal-brief-in-us-v-archer.pdf [details the scheme, appeal in related conviction]

366_f.supp_.3d_477.pdf [galanis decision, on appeal]