Ninth Circuit Affirms Dismissal of Skokomish v. Forsman

Here is the unpublished opinion:

17-35336 docket 47_6.18.2018

Briefs here.

Ninth Circuit Rejects Appeal of Individual Picayune Rancheria Members

Here is the unpublished opinion in State of California v. Picayune Rancheria of Chukchansi Indians.

Briefs:

opening brief

state answer brief

tribe answer brief

reply brief

Lower court materials.

Ninth Circuit Briefs in Hestand v. Gila River Indian Community [Attorney Employment Claims]

Here:

Opening Brief

Answer Brief

Reply

Ninth Circuit Issues Trio of Decisions on Walker River

Here is the opinion in United States v. Walker River Irrigation District. From the court’s syllabus:

The panel first held that the district court was correct that it retained jurisdiction to litigate additional rights in the Walker River Basin and to modify the 1936 Decree. On the merits, the panel held that the district court erred in characterizing the counterclaims as part of a new action. The panel concluded that based on the procedural history and the fact that the Tribe and the United States brought their counterclaims under the same caption as the 1924 action, the counterclaims did not constitute a new action. The panel further held that the district court erred by dismissing the claims sua sponte on the basis of res judicata without first giving the parties an opportunity to be heard on the issue. Moreover, the panel held that because the counterclaims were not a new action, traditional claim preclusion and issue preclusion did not apply.

The panel directed that on remand, the case should be randomly reassigned to a different district judge. The panel reluctantly concluded that reassignment was appropriate because it believed (1) that Judge Jones would have substantial difficulty putting out of his mind previously expressed views about the federal government and its attorneys, and (2) that reassignment will preserve the appearance of justice.

Here is the opinion in United States v. United States Board of Water Commissioners.

Here is the opinion in Mono County v. Walker River Irrigation District. From the court’s syllabus:

In an appeal raising issues pertaining to Nevada state water law, the panel certified to the Supreme Court of Nevada the following question:

Does the public trust doctrine apply to rights already adjudicated and settled under the doctrine of prior appropriation and, if so, to what extent?

Ninth Circuit Dismisses Rabang v. Kelly; Awards Disenrollee Plaintiffs Fees & Costs

Here:

37 4-19-18 Appellees’ Response to Appellants’ Motion for Voluntary Dismissal of Appeal

38 4-26-18 Appellants’ Reply Supporting Motion for Voluntary Dismissal of Appeal

39 5-18-18 Order

Federal Court Holds Federal Claims Act Suits against Section 17 Corporations are Suits against the Tribal Owner

Here are the materials in Cain v. Salish Kootenai College (D. Mont.):

90 CSKT Amicus Brief

92 SKC Motion to Dismiss

102 Cain Response

106 Reply

108 DCT Order

This case is on remand from the CA9.

Split Ninth Circuit Affirms Life Sentence for Salt River Gang Member Convicted When He Was a Juvenile

Here is the opinion in United States v. Briones.

Ninth Circuit Briefs in Stillaguamish Tribe v. State of Washington [Apparent/Actual Authority to Waive Tribal Immunity]

Here:

State Opening Brief

Tribe Answer Brief

Reply

Oral argument video here.

Lower court materials here.

Ninth Circuit Briefs in Challenge to Assimilative Crimes Act Jurisdiction

Here are the briefs in United States v. Smith:

Opening Brief

SW Indian Law Clinic Amicus Brief

US Answer Brief

Reply Brief

Ninth Circuit Affirms Interior Decision Favoring Estom Yumeka Maidu Tribe of the Enterprise Rancheria

Here is the opinion in Cachil Dehe Band of Wintun Indians of the Colusa Indian Community v. Zinke.

Briefs here.