Ninth Circuit

Nooksack Kelly Faction Files Notice of Appeal in Rabang v. Kelly; IHS Reassumes Services “Effective Immediately”

Matthew L.M. Fletcher

Here is the notice of appeal:

Notice of Appeal

And the IHS letter:

May 16 Letter from IHS to Robert Kelly Jr

Ninth Circuit Denies En Banc Petition in Tavares v. Whitehouse

Matthew L.M. Fletcher

Here are the materials:

CA9 Order Denying Petition

En Banc Petition

Prior posts here.

Ninth Circuit Rejects Mishewal Wappo Trust Breach Claim

Matthew L.M. Fletcher

Here are the materials in Mishewal Wappo Tribe of Alexander Valley v. Zinke:

Unpublished Opinion

Briefs:

Opening Brief

Federal Answer Brief

Amicus Brief

Reply

Other posts with lower court materials here.

 

Gila River Prevails in Lyon v. GRIC (CA9)

Matthew L.M. Fletcher

Here is the unpublished order:

Doc 61-1 – Decision Judgment

We posted materials here.

Case tag here.

Notice of Appeal in Goldwater ICWA Litigation

Kate Fort

As they promised they would, Goldwater filed their notice of appeal to the 9th Circuit in the Arizona ICWA class action case.

Here.

Order they are appealing is here.

As always, documents in the case will be housed here.

Ninth Circuit Materials in United States v. King Mountain Tobacco Co. (Nos. 14-36055, 16-35607)

Matthew L.M. Fletcher

Here:

Opening Brief

Appellee Brief

Reply Brief

Lower court materials here.

Ninth Circuit Affirms Gun Conviction Arising from Indian Country D.V.

Matthew L.M. Fletcher

Here are the materials in United States v. Fryberg:

Opinion

Opening Brief

Answer Brief

Reply

Lower Elwha and Federal Government Prevail in NEPA/ESA Suit in the 9th Circuit

Ann Tweedy1 Comment

NEPA and ESA challenges to hatchery approvals after removal of the Elwha Dam were brought by anti-hatchery environmental groups. The unpublished decision is here.

Briefs:

Motion for Injunction

Opening Brief

Tribal Answer Brief

Federal Answer Brief

Reply

Lower court materials here.

Split Ninth Circuit Panel Affirms Felony Sentence for Eagle Acts Violation

Matthew L.M. Fletcher

Here is the opinion in United States v. Crooked Arm.

Ninth Circuit Materials in Lyon v. Gila River Indian Community

Matthew L.M. Fletcher1 Comment

Here:

Gila River Opening Brief

Lyon Answer Brief

Gila River Reply Brief

Oral argument video here.

Prior CA9 opinion materials here.

Here are the issues in the case, according to the tribe: Continue reading →