Ninth Circuit

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

Matthew L.M. Fletcher

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

Matthew L.M. Fletcher

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

Matthew L.M. Fletcher

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]

Matthew L.M. Fletcher

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

Matthew L.M. Fletcher

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

Matthew L.M. Fletcher

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

Briefs here.

Ninth Circuit Rejects Casino Pauma Effort to Avoid NLRB Jurisdiction

Matthew L.M. Fletcher

Here is the opinion in Casino Pauma v. NLRB. From the court’s syllabus:

The panel granted the National Labor Relations Board’s petition for enforcement of its order; denied Casino Pauma’s petition for review; and upheld the Board’s conclusions that it may apply the National Labor Relations Act (“NLRA”) to the relationship between employees working in commercial gaming establishments on tribal lands and the tribal governments that own and manage the establishments, and that Casino Pauma committed unfair labor practices in violation of the NLRA by trying to stop union literature distribution.

Briefs here.

Ninth Circuit Briefs in Rosales v. Dutschke (Jamul Indian Village)

Matthew L.M. Fletcher

Here:

Opening Brief

Tribal Answer Brief

Federal Answer Brief

reply.pdf

Lower court materials here.

Update in Rabang v. Kelly

Matthew L.M. Fletcher

Here are new docs:

4-11-18 Order Denying Defendants’ Rule 62.1 Motion For Indicative Ruling Regarding Dismissal

4-11-18 Rabang v. Kelly (9th Cir.) Kelly Appellants’ Motion For Voluntary Dismissal Of Appeal

4-11-18 Rabang v. Kelly (9th Cir.) Notice of District Court Decision Denying Appellants’ Motion For Indicative Ruling

4-11-18 Rabang v. Kelly (W.D. Wash.) Order Denying Defendants’ Rule 62.1 Motion For Indicative Ruling Regarding Dismissal

Ninth Circuit Briefs in Chemehuevi Tribe v. Brown [gaming compact dispute]

Matthew L.M. Fletcher

Here:

Chemehuevi Opening Brief

California Answer Brief

Reply

Lower court materials here.