Ninth Circuit Briefs in Northwestern Band of Shoshone Indians v. State of Idaho

Topside briefs here:

Response briefs TK.

Tribe Reply

Lower court materials here.

Little Soldier

Ninth Circuit Briefs in Cedarville Rancheria v. Diven [tribal immunity under Bankruptcy Act]

Well, opening brief for now, here:

Other briefs TK.

Bankruptcy Attys Amicus Brief

Reply

Lower court materials here.

Possibly, though not likely, the home at issue.

Split Ninth Circuit Panel Allows Oak Flat Mining to Proceed

Here is the opinion in Apache Stronghold v. United States.

Briefs here.

SCOTUS Denies Cert in 1 Indian Law Case

Here is today’s order list.

The denied petition is Acres Bonusing Inc. v. Marston — cert stage briefs here:

Acres Bonusing Cert Petition

Opposition

Reply

Lower court materials here.

Ninth Circuit Materials in Fallon Paiute-Shoshone Tribe v. Department of the Interior

Here are the briefs:

Ninth Circuit Affirms Grondal v. United States

Here.

Materials here.

Ninth Circuit Orders En Banc Review in Brice v. Plain Green LLC

Here are the materials:

Brice Rehearing Petition 11.1 final

Amicus Brief Supporting Petition

Opposition

Reply

CA9 Order Granting En Banc Review

Panel materials here.

California Federal Court Dismisses Remaining Defendants in Acres Bonusing v. Marston

Here are the materials in Acres Bonusing Inc. v. Marston (N.D. Cal.):

78-1 Boutin Jones Motion to Dismiss

79 Janssen Malloy Motion to Dismiss

80-1 Rapport Motion to Dismiss

82 Response

83 Boutin Jones Reply

84 Janssen Malloy Reply

85 Rapport Reply

Prior post here.

States’ Cert Petition in Navajo Nation Water Rights Case

Here is the petition in Arizona v. Navajo Nation:

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 *ii manage the mainstream of the LBCR so as not to interfere with that plan, infringe upon this Court’s retained 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 Decides CFPB v. CashCall

Here. An excerpt:

CashCall, Inc., made unsecured, high-interest loans to consumers throughout the country. After attracting unwanted attention from regulators, it sought to avoid state usury and licensing laws by using an entity operating on an Indian reservation. CashCall paid for that entity to issue loans and then purchased the loans days later. The loan agreements contained a choice-of-law provision calling for the application of tribal law, so they would not be subject to the law of borrowers’ home States, which would have prohibited the loans. CashCall sought advice from a scholar of federal Indian law, who opined that the scheme “should work but likely won’t.” His concern proved well founded. The Consumer Financial Protection Bureau brought this action against CashCall, its CEO, and several affiliated companies, alleging that the scheme was an “unfair, deceptive, or abusive act or practice,” 12 U.S.C. § 5536(a)(1)(B), because CashCall demanded payment from consumers under the pretense that the loans were legally enforceable obligations, when in fact they were invalid under state law. The district court found the defendants liable and imposed a civil penalty of $10.3 million, but the court declined to order restitution.

Briefs here.