Update in Paskenta Band v. Crosby

Here are updated orders in Paskenta Band of Nomlaki Indians v. Crosby (E.D. Cal.):

299-dct-order-dismissing-umpqua-bank

342-dct-order-dismissing-gdk-consulting

358-dct-order-granting-cornerstone-bank-motion

359-dct-order-denying-moore-insurance-motion

360-dct-order-denying-pi-motion

Recall the CA9 recently revived the tribe’s effort to freeze Crosby assets, post here.

Also, the federal indictment of the Crosby family is here.

Ninth Circuit Holds Consumer Financial Protection Act Applies to Tribes

Here is the opinion in Consumer Financial Protection Board v. Great Plains Lending.

An excerpt:

We have consistently held in our post-Stevens precedent that generally applicable laws apply to Native American tribes unless Congress expressly provides otherwise. In the Consumer Financial Protection Act, a generally applicable law, Congress did not expressly exclude tribes from the Bureau’s enforcement authority. Although the Act defines “State” to include Native American tribes, with States occupying limited co-regulatory roles, this wording falls far short of demonstrating that the Bureau plainly lacks jurisdiction to issue the investigative demands challenged in this case, or that Congress intended to exclude Native American tribes from the Act’s enforcement provisions. Neither have the Tribes offered any legislative history compelling a contrary conclusion regarding congressional intent. At this stage of the proceedings, we affirm the district court’s order enforcing the investigative demands against the Tribal Lending Entities.

And:

At this stage of the proceedings, we conclude that the district court properly held that the Bureau does not plainly lack jurisdiction to issue investigative demands to the tribal corporate entities under the Act. See id. at 1002. Although the Tribal Lending Entities make some appealing arguments, none of the arguments suffices to breach or evade the barrier to their success provided by the Coeur d’Alene revetment.

Briefs here.

Ninth Circuit Oral Argument Video in Havasupai v. Provencio (Grand Canyon Uranium Mine)

Here

Briefs here.

Ninth Circuit Rules in Favor of Paskenta Band in Effort to Freeze Crosby Assets

Here is the unpublished opinion in Paskenta Band of Nomlaki Indians v. Crosby.

Briefs here.

The federal indictment of the Crosby family is here.

Ninth Circuit Applies Rice v. Cayetano Rule to Northern Mariana Islands Elections

Here is the opinion in Davis v. Commonwealth Election Commission.

Ninth Circuit Rejects Informal FMLA/Defamation Claim against Havasu Landing Casino

Here are the materials in Mullally v. Gordon:

Unpublished opinion

Briefs:

opening-brief

answer-brief

reply

 

 

Ninth Circuit Rules Against Santa Ynez Band of Chumash Mission Indians Disenrollees

Here is the opinion in Miranda v. Jewell.

Briefs:

Appellant Brief

Federal Answer Brief

Reply

Ninth Circuit Rules against Yakama/King Mountain in Tax Dispute with Federals

Here is the opinion in Confederated Tribes and Bands of the Yakama Indian Nation v. Alcohol and Tobacco Tax and Trade Bureau.

Briefs and lower court materials here.

Ninth Circuit Rules against Karuk in Forest Cutting Case

Here is the unpublished opinion in Karuk Tribe v. Stelle.

Briefs are here.

Ninth Circuit Briefs in Karuk Tribe v. Stelle — Klamath National Forest Timber Cut Challenge

Here:

Karuk Opening Brief

Intervenor Answer Brief

Federal Answer Brief

Karuk Reply

Oral Argument video here. Audio here.