Ninth Circuit – Page 32 – Turtle Talk

Ninth Circuit Vacates Stillaguamish Effort to “Engineer” Jurisdiction in an Immunity Defense Case

January 22, 2019Matthew L.M. Fletcher

Here is the opinion in Stillaguamish Tribe of Indians v. State of Washington.

Materials here.

Ninth Circuit Briefs in Swinomish v. BNSF

January 14, 2019July 3, 2019Matthew L.M. Fletcher

Here:

BNSF opening brief

Swinomish answer brief

Other posts here.

Oral argument audio here.

UPDATE: ca9.pdf

BNSF Letter Brief

Swinomish Response

Casino Pauma v. NLRB Cert Petition

January 10, 2019Matthew L.M. Fletcher

Here:

Questions presented:

1. Should this Court reconsider Chevron?

2. Does the National Labor Relations Act apply to Indian tribes?

3. Does the employee-to-employee solicitation rule in Republic Aviation empower employees to solicit customers in business “guest areas” like restrooms and restaurants?

Lower court materials here.

Ninth Circuit Materials in Agua Caliente Tribe of Cupeno Indians v. Black

December 24, 2018December 24, 2018Matthew L.M. Fletcher

Here are the briefs:

Oral argument video here.

Rabang v. Kelly I: Ninth Circuit Awards Nooksack Disenrollees $91K in Prevailing Party Fees

December 19, 2018Matthew L.M. Fletcher

Here:

51 11-21-18 Supplemental Opposition to the Amount of Fees Requested

52 11-26-18 Appellees’ Supplemental Reply in Support of Application for Attorney’s Fees

53 12-13-18 Order

Ninth Circuit Decides California Valley Miwok Tribe v. Zinke

December 12, 2018Matthew L.M. Fletcher

Here is the unpublished opinion.

Briefs here.

Oral argument video here.

Lower court materials here.

Ninth Circuit Briefs in Rabang v. Kelly II

December 7, 2018June 11, 2019Matthew L.M. Fletcher

Here:

6. Opening Brief of Plaintiffs-Appellants

11. Appellee Chief Judge Ray Dodge’s Answering Brief

13. Answering Brief of Kelly Defendants-Appellants

Case tag here.

Ninth Circuit Affirms Dismissal of Intra-Tribal Property Dispute at Bishop Paiute

November 26, 2018Matthew L.M. Fletcher

Here is the unpublished opinion in Napoles v. Rogers.

Briefs:

Lower court materials here.

Ninth Circuit Materials in Knighton v. Cedarville Rancheria

November 21, 2018November 20, 2018Matthew L.M. Fletcher

Here:

Tribe Answer Brief

Oral argument video here.

Lower court materials here.

Ninth Circuit Briefs in California Valley Miwok Tribe v. Zinke

November 16, 2018Matthew L.M. Fletcher

Here:

appellant-brief.pdf

tribal-appellee-brief1.pdf

federal-answer-brief.pdf

Oral argument video here.

Lower court materials here.