2018 TICA/MSU ILPC Conference Panel #2: Effective Partnering with Your Federal Trustee

Kara Pfister, Daron Carreiro, Eric Shepard, and Venus McGhee Prince
Marisa Bell

2018 TICA/MSU ILPC Conference Panel #1: Tribes, Treaties, and Time

A truly outstanding panel

Heather Whitemanrunshim Runs Him, Paul Spruhan, and Monte Mills
Malina Dumas

Missing and Murdered Indigenous Women and Girls Report Released

From the Urban Indian Health Institute:

We released a report today on the crisis of Missing and Murdered Indigenous Women and Girls in urban areas. This first-of-its-kind report aims to provide a comprehensive snapshot of the MMIWG crisis in urban American Indian and Alaska Native communities and the institutional practices that allow them to disappear not once, but three times—in life, in the media, and in the data.

Read the report, listen to the stories, and help us end the violence. #MMIWG#DecolonizeData #NotInvisible #NoMoreStolenSisters #urbanMMIWG

Read the full report here

*This report contains strong language about violence against Native women and girls.

Federal Court Allows Former Tribal Health Employee’s Suit to Proceed against Feds

Here are the materials in Goss v. United States (D. Ariz.):

1 Complaint

17 Tribal Motion to Dismiss

21 US Motion to Dismiss

28 Response to 21

29 Response to 17

32 US Reply

33 Tribal Reply

34 DCT Order

ILPC/TICA Conference November 15-16: Travel Donations

We absolutely could not make this conference happen without support from those who donated to the travel cost for speakers!

Travel Donations post

 

To register for the conference or view the agenda, click here.

Ninth Circuit Briefs in FMC Corp. v. Shoshone-Bannock Tribes

Here:

FMC Opening Brief

Tribal Appellee Brief

FMC Reply

Tribe Reply

Prior posts here.

ILPC/TICA Conference November 15-16: Eighth Panel

The eighth and final panel at the ILPC/TICA Conference, Professional Responsibility and Ethical Obligations, fulfills ethics CLE credits. We are excited to have you here tomorrow!

Panel Promos FINAL_08

Fulfill CLE credits including 10 standard, 1.5 ethics, 1 elimination of bias.

This panel is sponsored by:

Kewenvoyouma Law

KT Logo (Color)

 

 

 

ILPC/TICA Conference November 15-16: Seventh Panel

Join us this week, November 15-16, 2018 at the ILPC/TICA Conference for an expert discussion on Litigating Difficult ICWA Cases. Register and come visit us on the banks of the Red Cedar!

Panel Promos FINAL_07

Fulfill CLE credits including 10 standard, 1.5 ethics, 1 elimination of bias.

This panel is sponsored by:

rothstein donatelli.jpg

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Cherokee Nation

Student Scholarship on the Allergan/Mohawk Case

Seth W. R. Brickey has published “Rent-A-Tribe: Using Tribal Immunity to Shield Patents from Administrative Review” in the Washington Law Review.

Here is the abstract:

 In 2017, Allergan Pharmaceuticals entered into an agreement with the Saint Regis Mohawk Tribe (SRMT). Allergan agreed to assign several patents to SRMT and to pay an initial sum of $13.75 million and annual royalties of approximately $15 million. SRMT, in exchange, licensed the rights to use the patents back to Allergan and agreed not to  waive its tribal immunity in any administrative proceeding challenging the patents. Two outcomes were expected as a result of this Allergan-Mohawk agreement. First, Allergan would retain the rights to manufacture and market a highly profitable drug while insulating the underlying patents from an unforgiving administrative inter partes review (IPR). Second, SRMT would embark on a new business venture of collecting and relicensing patents from third parties, effectively “renting out” its sovereign immunity. The response from lawmakers, the judiciary, the executive branch, and the public at large was acrimonious. The agreement was branded in public forums as a “sham” and the Patent Trial and Appeal Board held the patents assigned to SRMT were not shielded by tribal immunity. This Comment argues the Allergan-Mohawk agreement is a legally effective means of avoiding IPR. Absent an express waiver of tribal immunity by Congress or the tribe itself, a tribe may not be subject to a private claim. This rule extends to IPR proceedings which closely parallel private suits. Therefore, contracts like the Allergan-Mohawk agreement effectively shield patents from IPR.

Federal Court Dismisses Challenge to Duckwater Shoshone Tribe Election

Here are the materials in Thompson v. United States (D. Nev.):

6 Complaint

10 Tribal Defendants MTD

13 Amended Tribal MTD

20 DCT Order Dismissing US

26 Motion for Reconsideration

28 DCT Order