Ninth Circuit Briefs in Stephen C. v. Bureau of Indian Education [Havasupai]

Here:

Opening Brief

Tribal Orgs Amicus Brief

Admin Law Profs Amicus Brief

Advocacy Orgs Amicus Brief

Havasupai Tribe Amicus Brief

Indian Law Profs Amicus Brief

Lower court materials here.

Federal Court Enjoins Pinoleville Pomo Nation Tribal Court Designed to Challenge Federal Court RICO Judgment

Here is the order in JW Gaming Development LLC v. James (N.D. Cal.):

363 DCT Order

An excerpt:

Shortly after judgment was entered in this case, PPN constituted its Tribal Court for the first time; there is no evidence that it ever existed in any meaningful way until then. Days after the newly appointed judge issued standing orders, PPN filed a civil complaint in that Tribal Court that seeks to (1) declare the judgment issued in this case invalid, (2) limit and control—indeed, vitiate—the scope of enforcement of that judgment, and (3) impose roughly eleven million dollars in liability on JW Gaming for alleged fraud stemming from the same loan agreement here. The lawsuit names not only JW Gaming but its attorneys in this matter and the bank at which PPN maintains accounts that was recently subpoenaed in the course of enforcement of the judgment. It is the first (and, as far as the record shows, only) case brought in the Tribal Court. Remarkably, up until the eve of the hearing on a temporary restraining order (“TRO”) against the proceeding, which I ultimately denied, JW Gaming could not find publicly available information about how appear in that proceeding (despite being served with a summons), who the judge was, or what the rules were.

JW Gaming moved for an order to show cause why an injunction should not issue, which I denied. It then moved for the TRO, which I converted into a motion for a preliminary injunction once PPN’s counsel committed to placing the Tribal Court proceeding on hold. That motion is now ripe for decision.

It is critical that federal courts respect tribal sovereignty and tribal court jurisdiction. Tribes are sovereign nations. Their ability to govern themselves and enjoy the full benefits of sovereignty is unquestioned. Tribal courts, as arms of the tribe, are entitled to substantial comity and deference under established federal law. I previously denied JW Gaming’s motion for an order to show cause why an injunction should not issue out of these concerns. I remain vigilant about the compelling interest that PPN has in maintaining its sovereignty.

Those concerns, however, do not prevent an injunction against a Tribal Court proceeding that seeks to invalidate or interfere with the judgment entered in this Court. There are compelling interests in ensuring that enforcement of valid federal-court judgments is not interfered with, that JW Gaming is not required to litigate a lawsuit precision-engineered to invalidate and interfere with this one, and that third parties are not exposed to court orders or liability for simply enforcing a judgment or attempting to comply with the procedures for enforcing it. To the extent the lawsuit seeks to invalidate the judgment or interfere with enforcement, it is unquestionably meritless: a tribal court lacks authority to invalidate a federal court’s judgments or to dictate the scope of executing that those judgments. JW Gaming has shown it is entitled to a preliminary injunction to the extent that the Tribal Court proceedings attempts to invalidate, interfere with, or thwart the judgment entered here. I possess jurisdiction to enter this injunction to protect and effectuate the judgment. The doctrine of tribal court exhaustion does not apply because PPN exercised its sovereign power to clearly, expressly, and unequivocally waive it.

Briefs and related materials here.

SCOTUS Denies Cert in Club One Casino v. Haaland

Here is today’s order list.

Here are the cert stage briefs in Club One.

Ninth Circuit Rejects Big Sandy’s Effort to Avoid State Cigarette Taxes

Here is the opinion in Big Sandy Rancheria Enterprises v. Bonta.

Briefs:

Big Sandy Opening Brief

California Brief

Reply

Lower court materials here.

Ninth Circuit Partially Vacates Assault Conviction of Domestic Violence Victim at Navajo

Here is the opinion in United States v. Charley.

Briefs:

Opening Brief

US brief

Reply

An excerpt:

The panel affirmed Seraphina Charley’s conviction on one count of making false statements to a government official, vacated her convictions on two counts of assault within the territorial jurisdiction of the United States, and remanded for a new trial on the assault counts and for resentencing on the false-statements count.
The convictions stem from an incident with Charley’s boyfriend, Merle Begay, whom Charley hit in the head with a piece of rebar after, she claimed, he attacked her while he was drunk.