Update in Pinoleville Pomo Nation Gaming & RICO Dispute

Here are the updated materials in JW Gaming Development LLC v. James (N.D. Cal.):

178 DCT Order

184 Defendants Motion for Summary Judgment

186 Plaintiffs Response

191 Plaintiffs Motion for Summary Judgment

192 Defendants Reply

196 DCT Order

Prior post here.

Case tag here.

Ninth Circuit Briefs in Yocha Dehe Wintun Nation v. Newsom

Here:

Opening Brief

Tribal Amicus Brief

Answer Brief

Reply

Lower court materials here.

FMC Corp. v. Shoshone-Bannock Tribes Cert Petition

Here:

cert-petition.pdf

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

Here is the unpublished opinion in Jackson v. United States.

Briefs:

opening-brief.pdf

us-brief.pdf

intervenors-brief.pdf

reply-brief.pdf

Lower court materials here.

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.

Pinoleville Pomo Nation v. JW Gaming Development LLC Cert Petition

Here:

petition-for-a-writ-of-certiorari.pdf

appendix.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.

Ninth Circuit En Banc Panel Holds Arizona Discriminates against Voters of Color

Here is the opinion in Democratic National Committee v. Hobbs. A powerful history of the State’s suppression of Native voting begins on page 54 of Judge Fletcher’s majority opinion. The work of Patty Ferguson-Bohnee is cited repeatedly on this point.

Briefs:

dnc-brief.pdf

arizona-brief.pdf

reply-brief.pdf

aclu-brief.pdf

us-brief-1.pdf