Ninth Circuit – Page 39

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.

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.

Ninth Circuit Affirms Major Crimes Act Manslaughter Conviction

August 22, 2017Matthew L.M. Fletcher

Here is the unpublished opinion in United States v. Bearcomesout.

Ninth Circuit Briefs in Frank’s Landing Indian Community v. National Indian Gaming Commission

August 16, 2017March 12, 2019Matthew L.M. Fletcher

Here:

Opening Brief

nigc brief

Lower court materials here.

Ninth Circuit Revives Some Claims in Tribal Gaming Developers’ Suit against City of Richmond

August 7, 2017Matthew L.M. Fletcher

Here is the unpublished opinion in Guidiville Rancheria v. United States.

Ninth Circuit Argument Video in Appeals in Challenge to Ione Band Gaming Related Trust Acquisition

August 3, 2017August 3, 2017Matthew L.M. Fletcher

Here is the video in No Casino in Plymouth v. Zinke (briefs here).

Here is the video in County of Amador v. Dept. of Interior (briefs here).

Ninth Circuit Affirms Indian Country DV Conviction

July 31, 2017Matthew L.M. Fletcher

Here is the opinion in United States v. Seminole.

An excerpt:

We are far from solving the crisis of domestic violence, as “[t]his country witnesses more than a million acts of domestic violence, and hundreds of deaths from domestic violence, each year.” United States v. Castleman, 134 S. Ct. 1405, 1408 (2014). It is a crime that is “notoriously susceptible to intimidation or coercion of the victim to ensure that she does not testify at trial.” Davis v. Washington, 547 U.S. 813, 832–33 (2006). Wyatt’s “spouse as victim” holding dictates that the district court correctly compelled the testimony of Limberhand.

Ninth Circuit Briefs in State of California v. Iipay Nation of Santa Ysabel

July 31, 2017March 19, 2018Matthew L.M. Fletcher

Here:

Opening Brief

Answer Brief

Reply Brief

Case materials here.

Oral argument video here.

Ninth Circuit Allows Bishop Paiute Law Enforcement Case to Proceed

July 19, 2017Matthew L.M. Fletcher

Here is the opinion in Bishop Paiute Tribe v. Inyo County.

An excerpt:

The Bishop Paiute Tribe (the “Tribe”) seeks a declaration that they have the right to “investigate violations of tribal, state, and federal law, detain, and transport or deliver a non-Indian violator [encountered on the reservation] to the proper authorities.” Before reaching this issue, the district court dismissed the case on jurisdictional grounds, concluding that the case presents no actual case or controversy. On appeal, we are also asked to assess whether the district court had subject matter jurisdiction over this case. Because questions of federal common law can serve as the basis of federal subject matter jurisdiction pursuant to 28 U.S.C. § 1331, and because this case presents a definite and concrete dispute that is ripe and not moot, we reverse and remand for further proceedings.

Briefs and lower court materials here.