Federal Circuit Decides Baley v. United States [Indian reserved water rights to Klamath River water predate farmers]

Here is the opinion.

Here are the briefs:

baley-opening-brief.pdf

us-brief.pdf

baley-reply-brief.pdf

hoopa-amicus-brief.pdf

klamath-tribe-amicus-brief.pdf

yurok-tribe-amicus-brief.pdf

indian-law-professors-brief.pdf

nrdc-brief.pdf

oregon-amicus-brief.pdf

pacific-coast-federation-of-fishermen-brief.pdf

Federal Circuit Revives Portions of Lummi/Hopi/Fort Berthold Housing Authorities NAHASDA Claims

Here is the opinion in Lummi Tribe v. United States (Fed. Cir.). An excerpt:

[W]e conclude that because neither the Claims Court nor this court previously adjudicated Lummi’s breach of contract, breach of fiduciary duty, and breach of trust claims, the Claims Court erred by dismissing Lummi’s entire case.

Briefs:

Opening Brief

US Answer Brief

Reply

Prior posts here.

No State Sovereign Immunity in Patent Case [Relying on Saint Regis Mohawk Decision]

From the Federal Circuit Court of Appeals:

Opinion

And, contrary to UMN’s arguments, Saint Regis did not
base its reasoning on implied abrogation of tribal sovereign
immunity. Instead, Saint Regis concluded that IPR was an
agency reconsideration proceeding to which sovereign immunity does not apply in the first instance. 896 F.3d at 1329. This reasoning applies equally to states as it does to
tribes.

Article discussing the opinion here.

St. Regis Mohawk v. Mylan Pharma Cert Petition

Here:

cert-petition-1.pdf

Question presented:

Whether inter partes review before the Patent Trial and Appeal Board is the type of proceeding in which tribal sovereign immunity may be asserted.

Lower court materials here.

Update:

Mylan BIO

St. Regis Reply

En Banc Petition Materials in St. Regis Mohawk Tribe v. Mylan Pharmaceuticals

Here:

En Banc Petition

States Amicus Brief

University of Minnesota Brief

University of New Mexico Amicus Brief

Prior posts here.

Federal Circuit Rejects Trust Breach Claim for Water by Crow Creek Sioux Tribe

Here is the opinion in Crow Creek Sioux Tribe v. United States.

Briefs:

Crow Creek Opening Brief

US Response Brief

Reply

Lower court materials.