Ninth Circuit – Page 57

Ninth Circuit Briefs and Oral Argument Audio in EXC Inc. v. Jensen

November 25, 2014Matthew L.M. Fletcher1 Comment

Here is the oral argument audio.

Here are the briefs:

Opening Brief

Navajo Nation Amicus Brief

NCAI Amicus Brief

EXC Answer Brief

Jensen Reply

Lower court materials here.

Friends of Amador County v. Jewell a Petition to Watch for This Week’s SCT Conference

November 20, 2014November 20, 2014Matthew L.M. Fletcher

Here:

Friends of Amador County v. Jewell
14-340
Issue: Whether, in an action by a third party against the Secretary of the Interior under the Administrative Procedure Act, 5 U.S.C. § 551 et seq., a putative Indian tribe may invoke its sovereign immunity to prevent a court from reviewing the lawfulness of the Secretary’s decision to recognize it as a tribe.

We posted on this matter here.

Also, the petition was yesterday’s petition of the day.

Ninth Circuit Files Amended Opinion in EEOC v. Peabody Western Coal Co.

November 19, 2014Matthew L.M. Fletcher1 Comment

Here. The amendment appears minor:

At Slip Op. 22, 768 F.3d at 974, the sentence beginning with <The Indian preference exemption> and ending with <does not extend to Indians.> is deleted and replaced with:

The Indian preference exemption contained in Section 703(i) is therefore necessary to clarify that Title VII’s prohibition against racial or national origin discrimination does not extend to preferential hiring of Indians living on or near reservations.

Panel materials here.

Friends of Amador County v. Jewell Cert Stage Briefs

November 17, 2014Matthew L.M. Fletcher2 Comments

Here:

FAC Cert Petition

Buena Vista Rancheria Opposition

FAC Reply

Question presented:

Whether, in an action by a third party against the Secretary of the Interior under the Administrative Procedure Act, 5 U.S.C. 551 et seq., a putative Indian tribe may invoke its sovereign immunity to prevent a court from reviewing the lawfulness of the Secretary’s decision to recognize it as a tribe.

Lower court materials here.

Ninth Circuit Decides Cloverdale Rancheria v. Jewell

November 10, 2014November 10, 2014Matthew L.M. Fletcher

Here is the unpublished opinion.

Plaintiffs-Appellants are five members of the Cloverdale Rancheria of Pomo Indians of California (“the Tribe”) who seek to compel Defendants-Appellees, the Department of Interior and its officials (“the Department”), to recognize them as the Tribe’s leadership and negotiate self-determination contracts with them. The district court dismissed both of Plaintiffs-Appellants’ complaints for lack of subject matter jurisdiction and lack of standing. We review these dismissals de novo, Rhoades v. Avon Prods., Inc., 504 F.3d 1151, 1156 (9th Cir. 2007), and we affirm.

Briefs and other materials here.