Here are the new materials in Birdbear v. United States (Fed. Cl.):
366 Plaintiffs Post Trial Brief
Prior post here.
Federal Claims Court Finds No Compensable Trust Breach in MHA Nation Members’ Royalties Dispute
MHA Nation
North Dakota Native Voting Rights Upheld by Supreme Court
On January 13, 2024, the U.S. Supreme Court decided the Walen v. Burgum redistricting lawsuit and affirmed the U.S. District Court for the District of North Dakota decision that preserves North Dakota House District 4A, a subdistrict that gives Mandan, Hidatsa, and Arikara Nation voters a long-awaited opportunity to elect representatives of their choice. The lower court determined that state legislators were endeavoring to comply with Section 2 of the Voting Rights Act and redistricting best practices by creating an election subdistrict along the boundaries of the MHA reservation as part of 2021 redistricting.
While the MHA Nation sided with the state to defend subdistrict 4A, North Dakota abandoned its own win during the appeal to the Supreme Court, failing to advocate for the state legislature’s voting map and citizens’ rights.
North Dakota Flips Argument at Supreme Court in Seeking to Overturn Redistricting Win for MHA Nation
To defend a challenge to a North Dakota State House subdistrict that the North Dakota Legislature approved in 2021, the the Mandan, Hidatsa, and Arikara (“MHA”) Nation intervened as a defendant to support North Dakota. After MHA Nation and the state successfully won summary judgment in the district court, North Dakota is now asking the Supreme Court to vacate the state’s (and the MHA Nation’s) win in the lower court.
Here is the jurisdictional statement from the Plaintiffs.
Here is MHA Nation’s Motion to Dismiss or Affirm.
And here is North Dakota’s Response.
Media coverage:
More here.
MHA Nation Prevails in Redistricting Lawsuit
On November 2, 2023, the North Dakota federal district court ruled in favor of the MHA Nation and North Dakota on motions for summary judgment. The Plaintiffs were alleging that the newly created MHA state legislative district was an illegal racial gerrymander. North Dakota’s 2021 redistricting plan resulted in the election of an MHA tribal member to the state legislature in 2022. The order means that the district will remain unchanged and MHA tribal member Representative Lisa DeVille will continue to serve as a state legislator.
Order here.
MHA Motion for Summary Judgment here:
State Motion here:
Plaintiff Motion here:
You can see a press release here and previous post on this matter here.
North Dakota Federal Dismisses Federal Common Law Trespass Claims of Indian Allottees against Pipeline Company
Here are the materials in Chase v. Andeavor Logistics PC (D.N.D.):
Bird v. Three Affiliated Cert Petition [sovereign immunity]
Here is the petition in Bird v. Tribal Business Council of the Three Affiliated Tribes of the Fort Berthold Indian Reservation:
Question presented:
Does inclusion of a mandatory arbitration clause in an Agreement with an Indian Tribe waive the Tribe’s sovereign immunity?
Eighth Circuit materials:
District court materials here.
Interior Prevails in Most Trust Breach Claims Brought by MHA Nation Oil and Gas Lessors
North Dakota DCT Dismisses Contract Claim against MHA Nation
Here is the order in Bird Industries Inc. v. Three Affiliated Tribes of the Fort Berthold Indian Reservation (D.S.D.):
Prior post with briefs here.
Materials in Tribal Business Partner’s Fraud/RICO Suit against MHA Nation
Here are the materials so far in Bird Industries Inc. v. Three Affiliated Tribes of the Fort Berthold Indian Reservation (D.S.D.):
Turtle Talk 
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