Ninth Circuit – Page 21 – Turtle Talk

Ninth Circuit Materials in Paskenta Band Suits against Financial Institutions

February 4, 2021Matthew L.M. Fletcher

Here are the briefs in Paskenta Band of Nomlaki Indians v. Umpqua Bank:

Here are the materials in Paskenta Band of Nomlaki Indians v. Associated Pension Consultants:

SCOTUS Denies Cert in FMC Corp. v. Shoshone-Bannock Tribes

January 11, 2021Matthew L.M. Fletcher

Here is today’s order list.

The cert stage briefs in the FMC case are here.

Lower court materials here.

Club One Casino v. Bernhardt Cert Petition [North Fork Rancheria]

December 31, 2020June 4, 2021Matthew L.M. Fletcher

Here is the petition in Club One Casino Inc. v. Bernhardt:

Club One Petition for Writ of Certiorari

Lower court materials here and here.

Update:

Brief in Opposition

US Amicus Brief in FMC Corp. v. Shoshone-Bannock Tribes

December 10, 2020Matthew L.M. Fletcher

Here:

US Invitation Brief

Cert stage materials here.

Yakama Nation Cert Petition in Dispute with Yakima County over Criminal Jurisdiction

December 4, 2020March 16, 2021Matthew L.M. Fletcher

Here is the petition in Confederated Tribes and Bands of the Yakama Nation v. Yakima County:

Yakama Nation Cert Petition

Question presented:

The United States reassumed Pub. L. 83-280 criminal jurisdiction over crimes involving Indians within the Yakama Reservation from the State of Washington pursuant to 25 U.S.C. § 1323, on April 19, 2016. Years later, federal officials re-interpreted the scope of that federal reassumption to allow the State of Washington to once again exercise criminal jurisdiction over Indians within the Yakama Reservation any time a non-Indian is involved in the crime.The question presented is:
Can the United States change the scope of its reassumption of Pub. L. 83-280 jurisdiction in Indian Country years after the reassumption became effective under 25 U.S.C. § 1323 without the Yakama Nation’s prior consent required by 25 U.S.C. § 1326?

Lower court materials here.

Update (3/4/21):

Brief in Opposition

Update (3/16/21):

Ninth Circuit Rejects Quanah Spencer’s Selective Prosecution Claim

November 30, 2020November 28, 2020Matthew L.M. Fletcher

Here is the unpublished opinion in Spencer v. City of Spokane.

Briefs:

Spencer Opening Brief

City Answer Brief

County Answer Brief

Update in Jensen v. EXC, Inc. [bus accident on Navajo lands]

November 18, 2020September 25, 2023Matthew L.M. Fletcher

Here are the materials in Jensen v. EXC Inc. (D. Ariz.):

71 Amended Complaint

126 DCT Order Denying MSJ

181 EXC Pre-Trial Brief

220 Jensen Motion for Judgment as a Matter of Law

223 DCT Order Denying 220

And here are the Ninth Circuit briefs (so far):

Prior posts on this case are here.

Ninth Circuit Rejects La Posta Band’s Challenge to Border Wall

November 6, 2020Matthew L.M. Fletcher

Here is the unpublished opinion in La Posta Band of Diegueno Mission Indians of the La Posta Reservation v. Trump.

Briefs are here.

Ninth Circuit Materials in La Posta Band Challenge to Border Wall

November 2, 2020Matthew L.M. Fletcher

Here are the briefs in La Posta Band of Diegueno Mission Indians of the La Posta Reservation v. Trump:

La Posta Band Opening Brief

US Answer Brief

And the oral argument video:

Here are the lower court materials.

Ninth Circuit Oral Argument Video in Navajo Nation v. Dept. of the Interior [water rights]

October 20, 2020Matthew L.M. Fletcher

Here:

Briefs are here.