Ninth Circuit – Page 38

Ninth Circuit Briefs in Rabang v. Kelly (Nooksack RICO Matter)

September 25, 2017October 11, 2017Matthew L.M. Fletcher2 Comments

Here:

6 – Defendant-Appellants’ Opening Brief

11 – Plaintiff-Appellees’ Answering Brief

16 Appellants’ Reply Brief

Upper Skagit Prevails over Suquamish in Ninth Circuit U&A Fishing Territory Appeal

September 22, 2017Matthew L.M. Fletcher

Here is the opinion in Upper Skagit Indian Tribe v. Suquamish Indian Tribe.

An excerpt:

In this treaty fishing rights case, the Upper Skagit Indian Tribe (“the Upper Skagit”) filed a Request for Determination as to the geographic scope of the Suquamish Indian Tribe’s (“the Suquamish”) usual and accustomed fishing grounds and stations (“U&A”) as determined by Judge Boldt in 1975. Specifically, the Upper Skagit sought a determination that the Suquamish’s U&A determinations do not include Chuckanut Bay, Samish Bay, and a portion of Padilla Bay where the Upper Skagit has its own court-approved U&A determinations (“the Contested Waters”). On cross-motions for summary judgment, the district court concluded that Judge Boldt did not intend to include the Contested Waters in the Suquamish’s U&A determinations and, accordingly, granted summary judgment to the Upper Skagit. We have jurisdiction pursuant to 28 U.S.C. § 1291. Reviewing de novo, we affirm.

Briefs here.

Pyramid Lake Paiute Wins More Water in Ninth Circuit

September 14, 2017Matthew L.M. Fletcher

Here is the unpublished memorandum in Pyramid Lake Paiute Tribe of Indians v. Board of Directors of the Truckee-Carson Irrigation District.

Briefs:

Pyramid Lake Opening Brief

Response Brief

Reply Brief

Oral argument video is here.

Ninth Circuit Briefs in NEPA Challenge to Enterprise Rancheria Casino

September 13, 2017Matthew L.M. Fletcher1 Comment

Here are the briefs in Cachil Dehe Band of Wintun Indians of the Colusa Indian Community v. Zinke:

Opening Brief

Tribe Answer Brief

Federal Answer Brief

Lower court materials here.

Ninth Circuit Materials in Upper Skagit Indian Tribe v. Suquamish Indian Tribe (U.S. v. Washington subproceeding 14-1)

September 6, 2017Matthew L.M. Fletcher1 Comment

Here:

S’Klallam Tribes Brief

Suquamish Reply

Tulalip Tribes Brief

Upper Skagit Brief

Oral argument video here.

Ninth Circuit Materials in Makah Indian Tribe v. Quileute Indian Tribe (U.S. v. Washington Subproceeding 09-1 — second go around, I think?)

September 6, 2017Matthew L.M. Fletcher

Here:

Quinault and Quileute Brief

Six Tribes’ Brief

State Brief

State Reply

Oral argument video here.

Ninth Circuit Affirms Dismissal of Counterclaims against Quinault Tribe

August 29, 2017August 29, 2017Matthew L.M. Fletcher

Here are the materials in Quinault Indian Nation v. Pearson.

Opinion

Opening Brief

Answer Brief

The court’s syllabus:

In an action brought by the Quinault Indian Nation alleging a scheme to defraud the Nation of cigarette taxes, the panel affirmed the district court’s dismissal of counterclaims as barred by the Nation’s sovereign immunity.

The panel held that if brought in a separate suit against the Nation, the counterclaims would be barred by sovereign immunity. Asserting the claims as counterclaims did not change the sovereign-immunity analysis. The panel concluded that the Nation did not waive its sovereign immunity because it filed the underlying suit but took no further action that unequivocally waived its immunity to the counterclaims, and the counterclaims did not qualify as claims for recoupment.