Ninth Circuit

Ninth Circuit Affirms Use of “Crazy Horse” Trademark for Strip Clubs

Matthew L.M. Fletcher

Here is the opinion in Russell Road Food & Beverage v. Spencer.

An excerpt:

Once associated with a legendary Native American leader, “Crazy Horse” is now a registered trademark for “entertainment services, namely, exotic dance performances.” We must decide whether Russell Road’s use of the mark “Crazy Horse III” for its Las Vegas strip club infringes defendants Frank Spencer and Crazy Horse Consulting’s rights to the trademark “Crazy Horse.” The district court granted summary judgment to Russell Road, holding that it has the right to use the mark because it is the assignee of a valid trademark co-existence agreement entered into with the former owner of the registered Crazy Horse mark. We agree, and therefore affirm the entry of summary judgment in favor of Russell Road.

Ninth Circuit Affirms Denial of Relief in Pala Band Disenrollment Appeal

Matthew L.M. Fletcher2 Comments

Here is the opinion in Aguayo v. Jewell.

An excerpt:

This appeal analyzes whether the Bureau of Indian Affairs (BIA) acted arbitrarily and capriciously when it concluded that, according to tribal law, it had no authority to intervene in a tribal membership dispute, in which more than 150 people were disenrolled from the Pala Band of Mission Indians (Pala Band or Band). We conclude that it did not, and affirm the decision of the district court.

Appellate Briefs:
Doc. 13 – Appellant’s Opening Brief
Doc. 23 – Answering Brief of the Federal Defendants
Doc. 21 – Appellant’s Reply Brief

Lower court materials here

The 9th Circuit has affirmed the Culverts decision & the treaty habitat right in W. Wash.

Ann Tweedy4 Comments

Download opinion in U.S. v. Washington (9th Cir. Jun 27, 2016) here.

The decision is unanimous. Congratulations to all who worked on it through the years and first and foremost to the Tribes who brought it.

Previous coverage and briefs here.

Ninth Circuit Affirms Injunction against Kurt Kanam and Orbie Mullins

Matthew L.M. Fletcher

Here is the opinion in KPMG LLP v. Kanam.

Lower court materials here.

Ninth Circuit Materials in Keli’i Akina v. State of Hawaii

Matthew L.M. Fletcher1 Comment

Here:

Appellant Supplemental Brief

Na’i Aupuni Answer Brief

Na’i Aupuni Supplemental Brief

Office of Hawaiian Affairs Answer Brief

Office of Hawaiian Affairs Supplemental Brief

Opening Brief

State Supplemental Brief

Oral argument video and audio.

Ninth Circuit Rules against Testimony Submitted on Historical Trauma to Show Navajo Defendant was Coerced into Confessing

Matthew L.M. Fletcher

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

An excerpt:

The district court’s factual findings regarding “historical trauma” and the impact of Native American culture on the voluntariness of Woody’s statements were clearly erroneous. A “‘finding is clearly erroneous when although there is evidence to support it, the reviewing court on the entire evidence is left with the definite and firm conviction that a mistake has been committed.’” Anderson v. City of Bessemer City, N.C., 470 U.S. 564, 573 (1985) (quoting United States v. United States Gypsum Co., 333 U.S. 364, 395 (1948)). Here, the district court relied on expert testimony from Dr. David McIntyre, who opined that Native Americans are susceptible to coercion during questioning because of cultural differences and “historical trauma.” Yet during crossexamination, Dr. McIntyre acknowledged that his “very broad generalizations about Native Americans” could not be attributed to Woody specifically and conceded that Woody had not been diagnosed with historical trauma because “[t]here is no such diagnosis.” Because these characteristics could not be attributed to Woody individually, the district court erred in relying on them to support its finding that Woody’s will had been overborne.

Briefs:

Answer Brief

Opening Brief

Reply

 

Ninth Circuit Rejects Habeas Petition of Native Man Sentenced to Death

Matthew L.M. Fletcher

Here is the opinion in Runningeagle v. Ryan.

Ninth Circuit Rejects Challenge to Federal Approval of Tule Wind Project over Eagle-Based Challenge

Matthew L.M. Fletcher

Here is the opinion in Protect Our Communities v. Jewell.

From the syllabus:

The panel affirmed the district court’s summary judgment in favor of federal agencies and officials and intervenor Tule Wind, LLC in an action challenging the Bureau of Land Management’s decision to grant a right-of-way on federal lands in southeast San Diego County, permitting Tule Wind to construct and operate a wind energy project.

Briefs:

POC Opening Brief

Backcountry Against Dumps Opening Brief

Answer Brief

POC Reply

Related lower court materials here.

 

Oral Argument Video in CFPB v. Great Plains Lending

Matthew L.M. Fletcher

Here. Audio here.

Briefs here.

Lower court materials here.

 

Ninth Circuit Holds Timbisha Leadership Dispute Mooted by Adoption of New Constitution

Matthew L.M. Fletcher1 Comment

Here is the opinion in Timbisha Shoshone Tribe v. Dept. of Interior.

The court’s syllabus:

The panel dismissed, as moot, an appeal from the district court’s dismissal of a case challenging the Department of the Interior’s recognition of the election results for leadership authority over the Timbisha Shoshone Tribe. The panel held that the Tribe’s recent adoption of a new constitution, which overhauled tribal membership requirements, mooted the appeal because there was no chance that a remand to the Bureau of Indian Affairs would make any difference whatsoever in the election results.

Briefs here.