Here are the updated materials in JW Gaming Development LLC v. James (N.D. Cal.):
184 Defendants Motion for Summary Judgment
191 Plaintiffs Motion for Summary Judgment
Prior post here.
Case tag here.
Ninth Circuit
Ninth Circuit Briefs in Yocha Dehe Wintun Nation v. Newsom
FMC Corp. v. Shoshone-Bannock Tribes Cert Petition
Here:
Questions presented:
1. Whether the Ninth Circuit correctly holds that tribal jurisdiction over nonmembers is established whenever a Montana exception is met, or whether, as the Seventh and Eighth Circuits have held, a court must also determine that the exercise of such jurisdiction stems from the tribe’s inherent authority to set conditions on entry, preserve tribal self-government, or control internal relations.
2. Whether the Ninth Circuit has construed the Montana exceptions to swallow the general rule that tribes lack jurisdiction over nonmembers.
Lower court materials here.
Ninth Circuit Rejects Upper Lake Pomo Citizens’ Play for Trust Land
Ninth Circuit Briefs in Navajo Nation Trust Breach Appeal re: Water Rights
Here are the briefs in Navajo Nation v. United States:
Lower court materials here.
Swinomish Tribe Prevails in Ninth Circuit on Railroad Trespass Appeal
Ninth Circuit Oral Argument Video in Yakama Nation v. Yakima County
Ninth Circuit Briefs in Club One Casino Inc. v. Dept. of Interior
Pinoleville Pomo Nation v. JW Gaming Development LLC Cert Petition
Here:
petition-for-a-writ-of-certiorari.pdf
Question presented:
Whether an Indian tribe’s governing body can be stripped of its sovereign immunity from suit for actions taken by its members in their official capacities, as long as a plaintiff merely names the members individually and those officials will be bound by any judgment entered.
Lower court materials here.
