Materials in Suit against Lac Courte Oreilles Ojibwe Internet Lending Biz

Here are the materials in Easley v. Hummingbird Funds (S.D. Ala.):

34 Amended Complaint

37 Motion to Dismiss

69 Opposition

73 Reply

75 Magistrate Report

81 Objection

82 DCT Order

Eleventh Circuit briefs:

Opening Brief

Who Won American Indian Law and Policy 2014, Second Round, Bracket 1 of 4

32 are in, 32 are out. Let’s proceed to the eight remaining in Category 1, Indian nations.

#1 Alaska Native tribes v. #8 Omaha Tribe

The Alaska Natives tribes, my overall top seed, took 95 percent of the first round vote. The Omaha Tribe took 75 percent, easily routing the Kialegee Tribal Town.

#4 Cayuga Indian Nation v. # 12 Oneida Tribe of Wisconsin

All-Haudenosaunee quarterfinal! Cayuga took a narrow victory over the Big Lagoon Rancheria, with 58 percent of the vote. MHA Nation is taking some bad press lately, and the Wisconsin Oneidas wiped the floor with them, taking 77 percent of the vote.

#2 Sault Ste. Marie Tribe of Chippewa Indians v. #7 Gun Lake Tribe

All Michigan ‘Shinob quarterfinal. Sault Tribe took 64 percent of the vote over Fond du Lac, and I’m sure it’s not because of their sheer enrollment numbers. Or was it? Gun Lake, which took 2/3 of the vote from the Wind River Tribes, better hope not.

#3 Bay Mills Indian Community v. # 11 Lac Courte Oreilles and other Wisconsin treaty tribes

Bay Mills eked its way out of the first round with 51 percent of the vote over Cowlitz; apparently winning a Supreme Court case isn’t all that impressive compared to a win in federal district court. Huh.

Unlike Sault Tribe, enrollment numbers didn’t help Navajo, which lost handily to the Wisconsin treaty tribes, 63-37. Wisconsin’s not giving up on that treaty case, so stay tuned there.



Who Won Indian Law and Policy in 2014? First Round Bracket — 2 of 8

Here we go again (first bracket here):

# 2 Sault Ste. Marie Tribe of Chippewa Indians

Perhaps the most immediate beneficiary of the Bay Mills win in the Supreme Court, which persuaded the State of Michigan to seek another route to fighting Sault Tribe’s Lansing casino proposal. But not before Sault Tribe proposed two huge off-reservation casinos. Oh yeah, they won a $74 million contract case, too. Pretty good year.


# 15 Fond du Lac Band of Lake Superior Ojibwe

Still embroiled in disputes (here and here) with the City of Duluth over the Fond du Luth Casino and related properties. Won one right before Christmas though.

# 7 Gun Lake Tribe

Seeding might be a little high; a little hometown bias. Anyway, who else got Congress to overturn a Supreme Court decision in 2014, hosted the Potawatomi Gathering, and is an overall, good citizen?


# 10 Wind River Tribes

Lots of action this last year, what with Wyoming going berzerk over the EPA’s decision to let tribal agencies measure air quality, and with much internal strife. 2015 should be a real interesting year.

# 3 Bay Mills Indian Community

Well, they won a Supreme Court case. Not a whole lot else going on. Sault Tribe, as we noted, passed them in the seeding.


# 14 Cowlitz Tribe

Along with Interior, won a big one over neighboring tribes who claimed Cowlitz is a tribe barred from eligibility for trust land acquisitions by Carcieri.

#6 Navajo Nation

How can Navajo be seeded so low? They’re arguably the most important tribe every year, right? Well, yes, but they took some hits this year, too. Lost a tribal civil jurisdiction case in the Ninth Circuit, lost (or did they concede) on whether New Mexico can transport tribal members off rez to take drug tests, is going through one of the ugliest tribal election disputes in recent memory, fighting off Hopi and enviro challenges to their energy generators, lost a big water rights case, suffered through an ugly internal fight over a tribal resources company, lost one in the D.C. Circuit, got some bad news on uranium pollution, and lost legendary code talker Chester Nez. On the other hand, Navajo settled a huge trust case with the feds, won one against HUD, won a big one in the Ninth Circuit on Navajo’s tribal preference in employment statute, and hosted Michigan and Michigan State law students over spring break.

All in all, no one beats Navajo on volume, but this one’s a mixed bag.


# 11 Lac Courte Oreilles Band of Lake Superior Ojibwe (and other Wisconsin treaty tribes)

Won a huge treaty rights case in the Seventh Circuit (miigwetch Judge Posner) on the night deer hunting controversy.