District of New Mexico – Page 15

The District of New Mexico has posted vacancy announcements for Assistant United States Attorneys on the DOJ Internet and DOJ Intranet web sites. These positions are located in the Albuquerque and/or the Las Cruces, NM Office. If you know of anyone who might be interested in applying, please make sure to direct them to the appropriate link below and advise them to review the complete announcement for full information.

http://www.justice.gov/careers/legal/jobs/14-ausa-nm-1.htm (CRIMINAL)

http://www.justice.gov/careers/legal/jobs/14-ausa-nm-2.htm (CIVIL)

Complaint in Pueblo of Pojoaque v. New Mexico — Good Faith Gaming Compact Negotiations

December 18, 2013Matthew L.M. Fletcher1 Comment

Here:

1 Complaint

Federal Court Dismisses Jemez Pueblo Claim to Aboriginal Title Rights against USA

September 27, 2013Matthew L.M. Fletcher2 Comments

Here are the materials in Pueblo of Jemez v. United States (D. N.M.):

Jemez v USA Final Order

Jemez v USA Memorandum Opinion and Order

An excerpt:

Plaintiff brought this action pursuant to the Quiet Title Act, 28 U.S.C. §2409A, seeking a judgment that it has the exclusive right to use, occupy, and possess the lands of the Valles Caldera National Preserve pursuant to its continuing aboriginal title to such lands. (Doc. 1). Defendant moves to dismiss for lack of jurisdiction and failure to state a claim. (Doc. 14). Plaintiff opposes the motion and requests oral argument. (Doc. 18). The Court finds that oral argument is unnecessary as the Indian Claims Commission Act (ICCA), formerly codified at 25 U.S.C. §§ 70 to 70n-2, divests this Court of jurisdiction over Plaintiff’s claim.

Briefs are here.

Federal Court Rules in Favor of Pueblo of Santa Ana in Challenge to Alleged Waiver of State Court Immunity in Gaming Compact

September 26, 2013Matthew L.M. Fletcher1 Comment

Here are the materials in Pueblo of Santa Ana v. Nash (D. N.M.):

52 — Pueblo Motion for Summary J

55 — Judge Nash Response

63 — Pueblo Reply to Judge Nash

65 — Mendoza Response

69 — Pueblo Reply to Mendoza

90 — DCT Order

91 — Judgment

An excerpt:

Specifically, the Court hereby enters a declaration that the Indian Gaming Regulatory Act, 25 U.S.C. § 2701, et seq. (“IGRA”) does not authorize an allocation of jurisdiction from tribal court to state court over a personal injury claim arising from the allegedly negligent serving of alcohol on Indian land, and further that the New Mexico State District Court does not have jurisdiction in the case of Gina Mendoza, Michael Hart and Dominic Montoya v. Tamaya Enterprises, Inc., d/b/a Santa Ana Star Casino, CIV 2007-005711 (“underlying state court litigation”).

Prior federal court order and materials here.

One of Urban Outfitters Insurers Not Required to Indemnify in Navajo Nation Trademark Suit

August 23, 2013Matthew L.M. Fletcher1 Comment

Here are the materials in Hanover Insurance Co. v. Urban Outfitters (E.D. Pa.):

DCT Memorandum

Hanover Insurance Motion for Judgment on Pleadings

Urban Outfitters Response

Link to the Navajo suit.

Federal Court Declines to Dismiss Navajo’s Shiprock Schools’ Tribally Controlled Schools Act Suit

April 1, 2013Matthew L.M. Fletcher

Here are the materials in Shiprock Associated Schools Inc. v. United States (D. N.M.):

DCT Order Denying Federal Motion to Dismiss

Federal Motion to Dismiss

Shiprock Opposition

Federal Reply

An excerpt:

Defendants’ disallowance of the School’s administrative cost expenditures was based on an unreasonable and improper interpretation of the TCSA. Count I of the Complaint, which seeks relief from Defendants’ disallowance determination on the basis that it reflects an invalid interpretation of the TCSA, thus states a claim upon which relief can be granted. The remaining Counts of the Complaint, all of which are alleged in the alternative and necessarily depend upon a determination that Defendants’ interpretation of the TCSA was valid, are rendered moot by this Court’s decision.