Knighton v. Cedarville Rancheria Cert Petition

Here:

cert-petition.pdf

Questions presented:

“[T]he inherent sovereign powers of an Indian tribe do not extend to the activities of nonmembers of the tribe.” Montana v. United States, 450 U.S. 544, 565 (1981). The Montana Court recognized two limited narrow exceptions to that rule. But the Court has never resolved the question of whether tribal courts may ever exercise civil tort jurisdiction over nonmembers. In Plains Commerce Bank v. Long Family Land & Cattle Co., 554 U.S. 316 (2008) and in Dollar General Corporation and Dolgencorp, LLC v. The Mississippi Band of Choctaw Indians, et. al. 136 S.Ct. 2159 (2016) the issue was brought before this Court, but unanswered. This case presents the issue of: Whether Indian tribal courts have jurisdiction to adjudicate civil tort claims against nonmembers?

Further this case presents the issue of: If the Indian tribal courts have jurisdiction to adjudicate civil tort claims over nonmembers, what is the prerequisite notice of any such authority, what is the prerequisite consent thereto by a nonmember, and what is the viable scope of such jurisdiction so as to satisfy the Due Process rights of a nonmember?

Lower court materials here.

UPDATE:

Brief in Opposition–PDFA

Ninth Circuit Materials in Southcentral Foundation v. Alaska Native Tribal Health Consortium

Here:

opening-brief-2.pdf

answer-brief.pdf

reply-brief.pdf

Available district court materials (many filings are sealed, including the district court order):

30-motion-to-dismiss-e28094-sovereign-immunity.pdf

31-southcentral-msj.pdf

33-mtd-e28094-standing-and-mootness.pdf

35-anthc-msj.pdf

125-motion-to-withdraw-30.pdf

Federal Court Concludes U.S. v. Washington 11-02 Subproceeding [Lummi + S’Klallam Tribes]

Here are the new materials in United States v. Washington (W.D. Wash.) [subproceeding 11-02]:

238 Jamestown and Port Gamble S’Klallam Tribes Motion

240 Lummi Response

244 Lower Elwha Response

247 Jamestown and Port Gamble Reply

252 Lower Elwha Motion

254 Lummi Response

255 Jamestown and Port Gamble Response

260 Lower Elwha Reply

262 Jamestown and Port Gamble Surreply

264 DCT Order

Ninth Circuit materials here and here.

Previous lower court court materials here.

Ninth Circuit Briefs in Stand Up for California! v. Dept. of Interior [No. 18-16830]

Here:

Opening Brief

North Fork Brief

Federal Brief

Reply

Lower court materials here.

Update:

CA9 decision

Ninth Circuit Briefs in Club One Casino v. Dept. of Interior [Challenge to IRA Section 5]

Here:

Opening Brief

DOI Answer Brief

Reply

Lower court materials here.

Ninth Circuit Affirms Rejection of Skokomish U&A Claims to Satsop River, Debates Continuing Jurisdiction, Cites to Hunter Thompson, and Makes a Dull Indian Law Day Interesting

Here is the opinion in United States v. Washington, subproceeding 17-01.

Briefs here.

SCOTUS Denies Cert in Mitchell v. Tulalip; Teck Metals v. Colville; and King Mountain Tobacco

Here is the order list.

Mitchell materials here.

Teck Metals materials here.

King Mountain materials here.

Above the Law Report on the Ninth Circuit’s Order Asking BNSF to Clarify Portions of Its Briefing in Dispute with Swinomish

Here.

We posted the order on the case page here.

Ninth Circuit Confirms Assimilative Crimes Act Applies in Indian Country

Here is the opinion in United States v. Smith.

Briefs:

opening-brief.pdf

amicus-brief.pdf

us-answer-brief.pdf

reply-3.pdf

Cert Stage Briefs for Casino Pauma v. NLRB

Here:

Cert Petition

BIO

Reply