Federal Court Certifies Interlocutory Appeal to Address “Law of the Place” Question under Federal Tort Claims Act Claim Brought at Acoma

Here are the materials so far in Ray v. United States (D.N.M.):

1 Complaint

35 Ray Motion for Summary J

37 Response

40 DCT Order

54 DCT Order re Certification of Appeal

Federal Court Dismisses Some Claims in Flandreau Santee Sioux Contract Support Costs Case against Indian Health Service

Here are the materials so far in Flandreau Santee Sioux Tribe v. United States (D.S.D.):

1 Complaint

16 US Motion to Dismiss

24 Response

28 Reply

36 DCT Order

Eighth Circuit Affirms Federal Duty to Provide “competent physician-led healthcare” to Rosebud Sioux Tribe Members

Here is the opinion in Rosebud Sioux Tribe v. United States.

Briefs:

US Opening Brief

Tribe Answer Brief

Reply

Lower court materials here.

D.C. Circuit Rejects Tribal Contract Support Costs Claim re: Insurance Money

Here is the opinion in Swinomish Indian Tribal Community v. Becerra.

Briefs:

Swinomish Brief

Tribal Amicus Brief

Federal Answer Brief

Swinomish Reply

Lower court materials here.

 

Federal Court Orders IHS to Turn Over Docs on Stanley Patrick Weber to New York Times and Wall Street Journal

Here are the materials in New York Times v. Dept. of Health and Human Services (S.D. N.Y.):

1 Complaint

20 US Motion for Summary Judgment

23 Newspapers Motion for Summary Judgment

26 US Reply

28 Newspapers Reply

31 DCT Order

An excerpt:

This Freedom of Information Act suit was brought by The New York Times, The Wall Street Journal and a reporter seeking to force the Indian Health Service (“IHS”) to release a report that it commissioned from a private consultant to investigate numerous acts of rape and sexual abuse committed by Stanley Patrick Weber, a former IHS pediatrician, against Native American children. IHS has taken the position that the report is protected from disclosure by a statute that affords confidentiality to reports on the “quality of medical care” — a position we reject. We also find that the report is not protected under the litigation privilege exemption of the Freedom of Information Act and thus order that it be produced.