Tag Archives: briefs

Montana Supreme Court: State has Duty to Actively Determine if Child is Indian Child

Here. In this case, as early as 2014, the State, through the Department, had reason to believe and, as asserted in its various petition averments and request for the District Court to proceed under ICWA, did believe that L.D. was … Continue reading

Posted in Author: Kate E. Fort, Child Welfare, ICWA | Tagged , , , , , , , | 3 Comments

Ottawa Tribe v. Ohio Dept. Natural Resources Treaty Rights Claim Rejected

Here is the opinion (H/T Indianz). Here is the link to the materials we placed on the blog in December.

Posted in Author: Matthew L.M. Fletcher, Research, treaty rights | Tagged , , , , , , , , , , | 1 Comment

Long Family and Amici Briefs Supporting Respondent Filed

All the bottom side briefs in the Plains Commerce Bank v. Long Family Land & Cattle Co. have been filed and are available at the NARF/NCAI Supreme Court Project website here. The Bank’s reply brief is due shortly.

Posted in Author: Matthew L.M. Fletcher, Research, Supreme Court, Tribal Codes, tribal courts | Tagged , ,

Allen v. Mayhew – Section 1981 Claims Against Tribal Individuals

The E.D. Cal. refused to dismiss the Section 1981 claims against tribal casino employees on the grounds of sovereign immunity in Allen v. Mayhew. The underlying claim involves the plaintiff’s termination from employment with the tribal casino. Here are the … Continue reading

Posted in Author: Matthew L.M. Fletcher, gaming, Research, sovereign immunity | Tagged , , , , | 1 Comment

Quechan v. Dept. of Interior (D. Ariz.) — Arizona Clean Fuels Refinery

From Indianz [see the briefs and opinion below the fold]: A federal judge has dismissed the Quechan Nation’s lawsuit over a proposed oil refinery in Arizona. The tribe said the Bureau of Reclamation, an agency of the Interior Department, failed … Continue reading

Posted in Author: Matthew L.M. Fletcher, Environmental, News, Research | Tagged , , , , , , ,

Plains Commerce Bank — Petitioner Brief and Joint Appendix

They are available at the Supreme Court Project website.

Posted in Author: Matthew L.M. Fletcher, Research, Supreme Court, tribal courts | Tagged , , ,

DC Circuit Vacates EPA Mercury Emissions — New Jersey v. EPA

Here is the opinion. Here is a link to our previous post that included several briefs, including the tribal brief. Congrats to the petitioners!

Posted in Author: Matthew L.M. Fletcher, Environmental, Regulations, Research | Tagged , , , , , , , , , , , , , , , | 1 Comment

Hinsley v. Standing Rock C.P.S. (CA8) — Federal Tort Claims Act

Apparently, persons covered by the Federal Tort Claims Act retain immunity from suit by exercising their “discretion” to place children with alleged child molesters without warning the parents. Hinsely v. Standing Rock Child Protective Services (CA8) Here are the briefs: Hinsley … Continue reading

Posted in Author: Matthew L.M. Fletcher, Research, sovereign immunity | Tagged , , , , , ,

Coalition to Defend Affirmative Action v. Granholm – Hearing Tomorrow

The Eastern District of Michigan (Judge Lawson) will hear cross-motions for summary judgment tomorrow in Coalition to Defend Affirmative Action v. Granholm. Here are some of the materials: Cantrell Motion for Summary Judgment

Posted in affirmative action, Author: Matthew L.M. Fletcher, Research | Tagged , , , , , ,

Florida S.Ct. Seminole Compact Case — Oral Argument

The Florida Supreme Court held oral argument yesterday (H/T Indianz) on the state law challenge to the Class III compact executed by the Seminole Tribe of Florida. You can listen here. Here are some of the major materials in House … Continue reading

Posted in Author: Matthew L.M. Fletcher, gaming, Research | Tagged , , , , , | 1 Comment