Ninth Circuit

Ninth Circuit Affirms Dismissal of Contract Claims against Battle Mountain Band

Matthew L.M. Fletcher

Here are the materials in Platform 10 LLC v. Battle Mountain Band of the Te-Moak Tribe of Western Shoshone Indians of Nevada:

Unpublished Opinion

Opening Brief.pdfDownload

[no other briefs filed]

Lower court materials here.

Ninth Circuit Affirms Dismissal of Suit against Mechoopda

Matthew L.M. Fletcher

Here is the unpublished opinion in Engasser v. Tetra Tech Inc.

Briefs here.

Ninth Circuit Orders Chickasaw Nation to Arbitration with Pharmacy Benefits Manager

Matthew L.M. Fletcher

Here is the opinion in Caremark LLC v. Chickasaw Nation.

Briefs:

Opening Brief.pdfDownload
Answer Brief.pdfDownload
US Chamber of Commerce Amicus Brief.PDFDownload
Washington Legal Foundation Amicus Brief.PDFDownload
Reply.pdfDownload

Lower court materials here.

Ninth Circuit Briefs in Alturas Indian Rancheria v. Haaland

Matthew L.M. Fletcher

Here:

Alturas Opening Brief.pdfDownload
Federal Answer Brief.pdfDownload

Here are the district court materials:

1 Complaint.pdfDownload
18-1 Federal MTD.pdfDownload
21 Opposition.pdfDownload
24 Reply.pdfDownload

31 [minute order dismissing case]

32 Judgment.pdfDownload

Ninth Circuit Confirms Renegotiated Water Rights Settlement for Spokane Tribe

Matthew L.M. Fletcher

Here is the unpublished opinion in Spokane Tribe v. Sulgrove.

Briefs here.

Split Ninth Circuit Affirms IGRA Good Faith Suit in Favor of Chicken Ranch Rancheria

Matthew L.M. Fletcher

Here is the opinion Chicken Ranch Rancheria of Me-Wuk Indians of California v. State of California.

Briefs here.

Cert Petition in Big Horn County Electric Cooperative Inc. v. Big Man

Matthew L.M. Fletcher

Here:

Big Horn Petition.pdfDownload
Big Horn Petition Appendix.pdfDownload

Question presented:

Whether an Indian tribal court has subject-matter jurisdiction to adjudicate a tribally created claim as an “other means” of regulating a nonmember federally funded and federally regulated electric cooperative tasked with providing electrical service to all customers within its service territory, including tribal members on Indian reservations?

Lower court materials here.

Update:

Big Man Brief in Opposition.pdfDownload
Reply.pdfDownload

Alaska Federal Court Rules in Favor of Southcentral Foundation in Dispute with Alaska Native Tribal Health Consortium

Matthew L.M. Fletcher

Here is the final order in Southcentral Foundation v. Alaska Native Tribal Health Consortium (D. Alaska):

352 DCT Order.pdfDownload

Prior post here. Long running case, so case tag here.

Dept. of Justice [almost certainly over Interior’s objections] and Arizona File Cert Petitions in Navajo Nation Water Rights Trust Suit

Matthew L.M. Fletcher

Here is the petition in Dept. of the Interior v. Navajo Nation:

US Cert Petition.pdfDownload

Question presented:

Whether the federal government owes the Navajo Nation an affirmative, judicially enforceable fiduciary duty to assess and address the Navajo Nation’s need for water from particular sources, in the absence of any substantive source of law that expressly establishes such a duty.

Here is the petition and the partial acquiescence by Justice in Arizona v. Navajo Nation:

Arizona v. Navajo Nation Cert Petition.pdfDownload
US Response — Arizona v. Navajo Nation.pdfDownload

Questions presented:

I. Does the Ninth Circuit Opinion, allowing the Nation to proceed with a claim to enjoin the Secretary to develop a plan to meet the Nation’s water needs and manage the mainstream of the LBCR so as not to in- terfere with that plan, infringe upon this Court’s re- tained and exclusive jurisdiction over the allocation of water from the LBCR mainstream in Arizona v. California?
II. Can the Nation state a cognizable claim for breach of trust consistent with this Court’s holding in Jicarilla based solely on unquantified implied rights to water under the Winters Doctrine?

Lower court materials here.

Ninth Circuit Oral Argument Video in Spokane Tribe v. Sulgrove/Dawn Mining

Matthew L.M. Fletcher

Briefs here.