Saginaw Chippewa Wins $8M Judgment Against Blue Cross for Hidden Fees

Here is the order in Saginaw Chippewa Indian Tribe of Michigan v. Blue Cross Blue Shield of Michigan (E.D. Mich.):

112 DCT Order

Federal Court Rejects San Juan County Remedial Maps, Orders Appointment of Special Master

Here is the order in Navajo Nation v. San Juan County (D. Utah):

397 DCT Opinion

An excerpt:

For the reasons below, San Juan County’s remedial plans fail to pass constitutional muster. Specifically, the court concludes race was the predominant factor in the development of District 3 of the School Board plan and Districts 1 and 2 of the County Commission plan. The County’s consideration of race requires strict scrutiny analysis of these districts. The court concludes the County has failed to satisfy strict scrutiny and, therefore, these districts are unconstitutional. The court will not adopt the County’s plans.

Federal Court Orders Shingle Springs Miwok into Arbitration with Labor Union

Here are the materials in Shingle Springs Band of Miwok Indians v. Unite Here International Union (E.D. Cal) (No. 16-1057):

9 Motion to Dismiss

13 Tribe Opposition

14 Reply

18 DCT Order

And here are the materials in Unite Here International Union v. Shingle Springs Band of Miwok Indians (E.D. Cal.) (No. 16-384):

20 Motion for Judgment on Pleadings

21 Tribe Opposition

22 Reply

25 DCT Order

Aamodt Case Finally Concludes

Here is “Santa Fe County water rights suit reaches milestone after 51 years.”

Ninth Circuit Briefs in Gila River Indian Community v. Dept. of Veterans Affairs

Here:

Doc 10 – Opening Brief

Doc 11 – Excerpts of Records

Answer Brief

Reply Brief

Paul Spruhan on Litigation at Navajo

Paul Spruhan has posted “Guardians of Tribal Tradition: Litigation in the Navajo Nation” in Litigation, The Journal of ABA Section of Litigation.

Friday Job Announcements

Job vacancies are posted on Friday. Some announcements might still appear throughout the week. If you would like your Indian law job posted on Turtle Talk, please email indigenous@law.msu.edu.

Puyallup Tribe of Indians

Child Advocacy Center Program Manager. Closes 7/21/2017.

Child Support Enforcement Director. Closes 8/3/2017.

Community and Youth Service Division Manager. Closes 8/7/2017.

Water Protector Legal Collective

Executive Director. Previously posted 2/6/17.

New Mexico Legal Aid

Managing Attorney, Native American Program. New Mexico Legal Aid seeks an experienced attorney with at least 10 years of experience working in Pueblo Indian or other tribal communities to lead our statewide Native American Program.  The Native American Program provides free legal services to low-income people living on or near 19 Pueblo Indian communities in New Mexico, plus outreach services to the Mescalero Apache community. The Managing Attorney should have experience in supervising legal advocacy and cases in Federal, State and Tribal Court.  Candidates must be an NM licensed attorney with at least 5 years of litigation experience, preferably including poverty law issues in Tribal and Federal Indian law cases.

The Managing Attorney will supervise attorneys, paralegals and other staff and volunteers, handle administrative duties, and work in close collaboration with other members of NMLA’s management team. The Managing Attorney also will handle cases as sole counsel or co-counsel. The Managing Attorney will be active in local bar and community activities, and will participate in community education and outreach to eligible clients. The Native American Program handles creative, challenging and complex work. We are looking for highly motivated candidates who are passionate and strongly committed to helping NMLA better serve our client communities, including development of effective team strategies to handle complex advocacy and extended representation cases.

Requirements:  Excellent communication, writing and analytical skills, and sensitivity to and ability to work with diverse low-income populations. Self-motivated individuals with strong inter-personal and managerial skills are encouraged to apply. Candidates also must possess the ability to manage multiple tasks, manage a caseload and build collaborative relationships within the staff and the community. Proficiency in Keres or other relevant Native American language is a plus.

Minimum three years as licensed attorney; prior experience in administrative and supervisory roles preferred. Must be willing to travel. Candidates also must possess excellent written and oral communication skills, and the ability to manage multiple tasks and build collaborative relationships within the staff and the community. Send a resume and letter of interest explaining what you would like to accomplish if you are selected for this position to: jobs@nmlegalaid.org  Salary:  DOE, NMLA is an EEO Employer. Deadline: July 14, 2017.

Nevada Legal Services

Staff/Senior Attorney, Indian Law Program. Nevada Legal Services has an opening for two staff or one senior attorney within our Indian Law Program.  Nevada Legal Services is a statewide non-profit that provides free legal assistance to low income Nevadans. The Indian Law Program is based out of our Reno office and serves the 27 Native American tribes and colonies within the State of Nevada.  The Program provides a wide range of services to both tribal members and tribal governments based upon the needs expressed by each community. In that capacity, the Program acts as public defender in a number of tribal jurisdictions and also serves as counsel to the Inter-Tribal Council of Nevada. Frequent travel to rural Nevada, including overnight stays is required.  Experience with criminal defense highly preferred as well as knowledge of federal Indian law or tribal law.  Salary is $42,154+ DOE.  Must be licensed to practice in any jurisdiction and eligible for Rule 72.1 admission in Nevada.  To apply, please send a cover letter and resume to Jennifer Jeans, 204 Marsh Ave., Suite 101, Reno, NV, 89509 or jjeans@nlslaw.net.  Nevada Legal Services is an equal opportunity employer.

The Partnership Project

Americans for Public Lands Coordinator, Washington, D.C.

New Indian Law Scholarship

From SSRN:

Incl. Electronic Paper American Colonialism and Constitutional Redemption
California Law Review, Vol. 105, Forthcoming, UC Irvine School of Law Research Paper No. 2017-33
Seth Davis
University of California, Irvine School of Law

Incl. Electronic Paper Indian Sovereignty, General Federal Laws, and the Canons of Construction: An Overview and Update
Thomas Jefferson School of Law Research Paper No. 2987620
Bryan H. Wildenthal
Thomas Jefferson School of Law

Incl. Electronic Paper Indigenizing Equality
Yale Law & Policy Review, Vol. 35, No. 2, 2017
M. Alexander Pearl and Kyle C. Velte
Texas Tech University School of Law and Texas Tech University School of Law

From Bepress:

Budding Conflicts: Marijuana’s Impact On Unsettled Questions Of Tribal-State RelationsKatherine J. Florey

Denying Disgorgement: The Supreme Court’S Refusal To Grant The Crow Tribe ReliefAlex Galliani

Untangling The Court’S Sovereignty Doctrine To Allow For Greater Respect Of Tribal Authority In Addressing Domestic ViolenceLauren Oppenheimer

 

IBIA Orders Nooksack to Show Cause in Second IHS Reassumption Appeal

Here are the materials in Nooksack Indian Tribe v. Director, Portland Area, Indian Health Service:

6-26-17 Nooksack v. IHS (IBIA) Notice of Appeal

7-5-17 Nooksack v. IHS (IBIA) Notice of Receipt of Appeal, Order to Show Cause, and Order Concerning Service

6-26-17 Nooksack v. IHS (IBIA) Declaration of Charity Bernard

6-26-17 Nooksack v. IHS (IBIA) Declaration of Joseph Mace

Hackford v. Utah Cert Petition (Ute Reservation Boundaries)

Here:

Hackford v Utah Cert Petition

Questions presented:

1. Whether the Acts of Congress, authorizing the President to set apart and reserve any reservoir site or other lands necessary to conserve and protect the water supply for the Indians or for general agricultural development, diminished the Uintah and Ouray Reservation.

2. Whether as used in 18 U.S.C. § 1151(a), the term “Indian Country” includes the National Forest land, and the right of way running through the National Forest lands where the alleged criminal conduct occurred, for purpose of federal criminal jurisdiction.

Lower court materials here.