California COA Allows Most State Law Claims against Indian Smokeshop under PL 280

Here is the opinion in People ex rel. Beccera v. Huber:

A144214

Eighth Circuit Briefs in Flandreau Santee Sioux Tribe v. Gerlach

Here:

Appellant Brief

Appellee Brief

Reply Brief

Lower court materials here.

Eleventh Circuit Briefs in Seminole Tribe of Florida v. Biegalski

Here:

Seminole Brief

Florida Brief

Reply

Lower court briefs here.

Background Materials in Washington State Department of Licensing v. Cougar Den, Inc.

Supreme Court

–Merits Stage

Joint Appendix

Petitioner’s Brief

SG Brief

Respondent’s Brief

Sacred Ground Legal Services Amicus Brief

Yakama Nation Amicus Brief

Nez Perce Tribe Amicus Brief

NCAI Amicus Brief

Reply Brief

–Cert Stage

Cert Petition

Cougar Den Cert Opp

Reply

SG Brief

supplemental brief for respondent in response to brief of us solicitor general

Washington Supreme Court

Here is the opinion in Cougar Den Inc. v. Washington State Dept. of Licensing.

Briefs:

92289-6 Appellant’s Opening Brief

92289-6 Appellant’s Reply

92289-6 Appellant’s Response to Amicus Brief

92289-6 Respondent’s Brief

92289-6 Yakama Nation Amicus Brief

Ninth Circuit Rejects Treaty Defense in United States v. King Mountain Tobacco (Nos. 14-36055, 16-35607)

Here is the opinion.

An excerpt:

We affirm our longstanding rule that Indians—like all citizens—are subject to federal taxation unless expressly exempted by a treaty or congressional statute. Hoptowit, 709 F.2d at 566. In this case, neither the General Allotment Act nor the Treaty with the Yakamas expressly exempts King Mountain from the federal excise tax on manufactured tobacco products. King Mountain is therefore liable for payment of the tax and associated penalties and interest.

Briefs here.

The CA9 also rejected an appeal on a discovery issue in this matter (docket number 16-35956):

Memorandum Opinion

Briefs in that matter here.

 

Update II in KBIC Suit against Michigan Treasury

Here are the newest materials in Keweenaw Bay Indian Community v. Khouri (W.D. Mich.):

152 state response to tribal motion for partial summary j

163 kbic reply in support of motion

200 motion for protective order

207 kbic response to 200

212 reply in support of 200

219 magistrate order re discovery

226 state motion for reconsideration of discovery order

235 kbic response to motion for reconsideration

240 magistrate order denying reconsideration

250 state notice of appeal re discovery order

259 KBIC Opposition

Prior posts here.

Second Circuit Briefs in State of New York v. King Mountain Tobacco Inc.

Here:

King Mountain Opening Brief

NCAI Amicus Brief

New York Brief

US Amicus Biref

King Mountain Reply

Prior posts here.

United States Attorney Initiates Forfeiture of Nearly 45,000 Cartons of HCI Smokes and other property

Here is the pleading captioned United States v. 2015 Dodge Ram 350 Truck (D. Neb.):

complaint

Update — here is the amended complaint now captioned United States v. 2005 Freightliner M2106 Box Truck (D. Neb.):

amended complaint

 

Federal Court Bars South Dakota from Collecting Taxes on Non-Indian Contractors Working on Tribal Casino Construction Project

Here are the materials in Flandreau Santee Sioux Tribe v. Sattgast (D.S.D.):

32 State Motion for Summary J

75 Flandreau Motion for Summary J

78 State Opposition

81 Flandreau Opposition

87 State Reply

89 Flandreau Reply

102 DCT Order

D.C. Circuit Rejects HCI Tax Recordkeeping Immunity Claim

Here is the opinion in Ho-Chunk, Inc. v. Sessions.

Briefs here.