W.D. Washington Grants Summary Judgment to Squaxin Island

Download orders and documents in the matter of USA, et al v. State of Washington, et al:

Doc. 21234 – Squaxin Island Tribe’s Motion for Summary Judgment

Doc. 21235 – Nisqually Indian Tribe’s Cross-Motion for Summary Judgment

Doc. 21324 – Order Denying Nisqually’s Motion For Summary Judgment And Granting Squaxin’s Motion For Summary Judgment

 

SCOTUS Petition for Cert in Lewis v. Clarke

Download Petition for Writ of Certiorari (PDF)

Link to briefs previously posted here.

Question Presented: Whether the sovereign immunity of an Indian tribe bars individual-capacity damages actions against tribal employees for torts committed within the scope of their employment.

DOI Seeks Supervisory Attorney-Advisor for National Park Branch

Link to USAJobs posting here.  Closes Monday, June 27, 2016.

 

City of Portland Tribal Liaison Opportunity

Link to job posting here.

Please email a résumé and a cover letter outlining your interest and qualifications for the position to Sidd Mandava at mayor.intern2@portlandoregon.gov by 5:00 p.m. on July 1, 2016.

New Mexico SCT Affirms Tribal Immunity from Property Claims (UPDATED with briefs)

Here is the opinion in Hamaatsa Inc. v. Pueblo of San Felipe.

An excerpt:

The Pueblo of San Felipe (Pueblo) appeals from an opinion of the New Mexico Court of Appeals declining to extend the Pueblo, an Indian tribe, immunity from suit. Because it is settled federal law that sovereign Indian tribes enjoy immunity from suit in state and federal court—absent waiver or abrogation by Congress—we reverse the Court of Appeals with instructions for the district court to dismiss the suit for lack of subject matter jurisdiction.

Lower court decision here.

We would love to post the briefs in this case. Please send along.

Briefs:

Hamaatsa Answer Brief to Tribal Amici

Hamaatsa Answer Brief

Response Brief of Amicus Curiae NMLTA

SF Brief in Chief

SF Reply Brief

SF Reply to NMLTA Amicus Brief

Tribal Amicus Brief

Ute Tribe Files in Federal Court to Prohibit Employment Claim in State Court

Download complaint in the matter of Ute Indian Tribe v. Honorable Lawrence, 16-cv-00579 (D. Utah)

State action is titled Lynn Becker v. Ute Indian Tribe of the Uintah and Ouray Reservation, et al., Case No. 140908394, Third District Court

Link to previous coverage here.

Lumbee Tribe Sues Anheuser-Busch for Trademark Infringement

Download the Tribe’s complaint (PDF) here.

Link to news coverage in News & Observer here.

The Tribe is suing for unauthorized use of its logo and slogan on Budweiser advertisements in convenience stores in North Carolina.

Court Clerk Vacancy with Grand Traverse Band

Link to job announcement (PDF) here.

Closing date is Wednesday, June 22, 2016.  Please submit complete application to one of the following:

Address:
GTB Human Resources Department
2605 N West Bay Shore Drive
Peshawbestown, MI 49682

Email:
krystina.alveshire@gtbindians.com

Fax:
(231) 534-7904

Commentaries on Bryant Decision

SCOTUSBlog and Bloomberg (Noah Feldman) and the Atlantic (Garrett Epps)

California Court of Appeals Affirms Contract Breach Judgment against Cabazon Band

Here is the opinion in Wells Fargo Bank NA v. Cabazon Band of Mission Indians.

An excerpt:

The indenture and note between the Bank and the Tribe were secured by a perfected security interest in the DAR, after being deposited into the Tribe’s custodial account with the Bank. The indenture agreement at issue here did not confer any authority, control, or responsibility to the bondholder or the Bank for the conduct of any gaming activity. It merely provided the Bank and the bondholder with a security interest in a specific bank account. It did not and could not control what was deposited into that custodial account. A contract creating a security interest in a custodial account does not convey authority or responsibility for the conduct of any gaming activity. Therefore, it does not violate the sole proprietary interest rule.

Only brief I’ve found: Wells Fargo’s Reply brief