Interior Board of Indian Appeals

IBIA Vacates and Remands Nooksack Enrollment Ordinance Decision by BIA Superintendent

Matthew L.M. Fletcher

Here is the order and opinion:

7-9-15 271 Order Vacating Decision and Remanding

News coverage here.

Update in Cayuga Nation v. Tanner

Matthew L.M. Fletcher1 Comment

Here are more materials in the case captioned Cayuga Nation v. Tanner (N.D. N.Y.):

38 DCT Order Denying Unity Council Motion to Intervene

41 Plaintiffs Reply in Support of PI

42 Plaintiffs Response to Tanner Motion to Dismiss

50 DCT Order Dismissing Claims

52-1 Motion for Reconsideration

60 Tanner Opposition

61 Plaintiffs Reply

Apparently, the Halftown faction (the plaintiffs here) is continuing the fight for gaming, while the Unity Council group has been dismissed from the case. We posted materials on this case here.

IBIA Decision in Picayune Rancheria Leadership Dispute

Matthew L.M. Fletcher

Here:

2015 02-09-15 Order Making Decision Effective Picayune-Order-IBIA14-065etc

Materials in Cayuga Nation v. Tanner

Matthew L.M. Fletcher1 Comment

Originally filed by Clint Halftown’s group against the Village of Union Springs to enjoin the village’s effort to regulate Class II bingo; now a challenge to the Halftown group by the Cayuga Nation Unity Council. News coverage here.

Here are the materials:

1 Complaint

5-1 Motion for PI

7 DCT Show Cause Order

27 Cayuga Nation Unity Council Motion to Intervene

28 Cayuga Nation Unity Council Motion to Dismiss

32 Defendants Cross-Motion to Dismiss

33 Plaintiffs Response

The IBIA decision on the Cayuga leadership dispute is here.

A state court decision on the leadership dispute is here.

Federal Court Rejects Challenge to Federal Decision in Pala Disenrollment Dispute

Matthew L.M. Fletcher2 Comments

Here are the materials in Aguayo v. Jewell (S.D. Cal.):

54-1 Aguayo Motion for Summary J

57-1 Federal Cross Motion for Summary J

59 Aguayo Reply

60 Federal Reply

Aguayo v. Jewell Judgement in Civil Case.11.18.14 (1)

Aguayo v. Jewell.Order Dismissing.11.18.14

Prior post in this proceeding here. Related posts here and here.

IBIA Affirms Trust Land Acquisition for St. Regis Mohawk over Carcieri Challenges

Matthew L.M. Fletcher1 Comment

Here is the opinion in State of New York v. Acting Eastern Regional Director, Bureau of Indian Affairs:

58ibia323

H/T Pechanga.

 

Supreme Court Declines to Review Old Section 81 Appeal

Matthew L.M. Fletcher

The Court declined to review Quantum Entertainment Ltd. v. Dept. of Interior. Order list here.

Lower court materials here.

Cert stage briefs:

Quantum Entertainment Cert Petition

USA Cert Opp

Quantum Reply

 

United States Cert Opposition Brief in Quantum Entertainment v. DOI

Matthew L.M. Fletcher

Here:

USA Cert Opp

Petition is here.

IBIA Decision on Cayuga Indian Nation Leadership Issue

Matthew L.M. Fletcher2 Comments

Here is the decision in Cayuga Indian Nation v. Eastern Region Director, Bureau of Indian Affairs (IBIA):

58 IBIA 171

And a related press lreease:

01-21-14 Press Release re IBIA 2014

Quantum Entertainment Ltd. v. Dept. of Interior Cert Petition — “Old” Section 81 Appeal

Matthew L.M. Fletcher1 Comment

Here:

Quantum Entertainment Cert Petition

Question presented:

Whether the court of appeals erred in holding that Landgraf v. USI Film Products, 511 U.S. 244 (1994), implicitly overruled McNair v. Knott, 302 U.S. 369 (1937), and Ewell v. Daggs, 108 U.S. 143 (1883), by requiring the conclusion that a statute eliminating legal impediments to the enforcement of contracts has an impermissible “retroactive effect” when applied to a contract that was entered into before the statute’s enactment but performed without complaint until afterwards.

Lower court materials here.