Here.
Briefs are here.
Ninth Circuit
Opening Ninth Circuit Briefs in EXC v. Jensen — Navajo Court Jurisdiction over Nonmember
Update Federal District Court Materials in Yakama/Washington Tax Dispute
Here are updated materials in State of Washington v. Yakama Nation Tribal Court (E.D. Wash.):
DCT Denying Motion to Dismiss for Ineffective Service
DCT Order Denying Motion to Compel Arbitration
Yakama Motion to Compel Arbitration
Yakama Motion to Dismiss for Ineffective Service
State Opposition to Yakama Motions
Yakama Reply on Ineffective Service Motion
Prior posts are here and here. The case is pending in the CA9 — materials here.
Tonasket v. Sargent Cert Petition — Challenge to Colville Tax Compact
Here:
Tonasket v Sargent Cert Petition
Questions presented:
1. Whether Indian tribal immunity from suit allows the Indian tribe, a price fixing competitor, to be immune from federal anti-trust laws?
2. Whether the officials of an Indian tribe that include the tribe’s tobacco tax administrator, acting in violation of federal law, can be protected by tribal immunity when prospective relief is sought?
Lower court materials here.
Ninth Circuit Dismisses Fred v. Washoe Tribe Appeal
Here is the unpublished opinion.
Briefs:
From the opinion:
This is an interlocutory appeal asserting jurisdiction in this court under the collateral order doctrine. The underlying claims relate to the Washoe Tribe’s decision to take custody of the plaintiff’s grandchildren due to allegations of abuse by the grandchildren’s mother (the plaintiff’s daughter). After pursuing tribal remedies, the grandmother, Ms. Fred, filed suit against the Tribe in federal district court. The district court dismissed for failure to state a claim with leave to amend. The Tribe appeals the district court’s dismissal in its favor because the dismissal was without prejudice, arguing that the complaint should have been dismissed with prejudice for three reasons: 1) failure to exhaust tribal court remedies; 2) tribal sovereign immunity; and 3) lack of subject matter jurisdiction.
Prior posts on this case here and here.
Ninth Circuit, on Reconsideration, Orders Interior Review of Gila Bend Act in Tohono O’odham Gaming Lands Appeal
Here are the materials in City of Glendale v. United States:
Arizona & Glendale En Banc Petition
The court’s syllabus:
The panel withdrew its prior opinion and published a superseding opinion affirming in part, and reversing and remanding in part, the district court’s summary judgment in favor of federal defendants in an action by the City of Glendale seeking to set aside the United States Department of Interior’s decision to accept in trust, for the benefit of the Tohono O’odham Nation, a 54-acre parcel of land known as Parcel 2 on which the Nation hoped to build a resort and casino.
The panel held the Gila Bend Indian Reservation Lands Replacement Act, read as a whole, was unambiguous and that § 6(c) of the Act created a cap only on land held in trust for
the Nation, not on total land acquisition by the tribe under the Act. The panel held that § 6(d) of Act was ambiguous as to whether Parcel 2, located on a county island fully surrounded by city land, was within the City of Glendale’s corporate limits. The panel held further that the Secretary of the Interior was mistaken in concluding that the term has a plain meaning, and remanded for the agency to consider the question afresh in light of the ambiguity the panel saw. Finally, the panel held that passage of the Act was within congressional power under the Indian Commerce Clause and was not trumped by the Tenth Amendment
News coverage here.
Previous panel materials here.
Supreme Court Denied Cert in Native Village of Kivalina v. Exxon Mobil
Opening Ninth Circuit Briefs in Yakama-State of Washington Tax Dispute
Ninth Circuit Reverses BIA Decision Favoring Cahto Disenrollees
Here is the opinion in Cahto Tribe of the Laytonville Rancheria v. Dutschke.
The court’s syllabus:
The panel reversed the district court’s judgment affirming the federal Bureau of Indian Affairs’ decision in favor of federal defendants in an action brought by the Cahto Tribe of the Laytonville Rancheria, seeking to set aside the Bureau of Indian Affairs’ decision to direct the Tribe to place the names of certain disenrolled individuals back on its membership rolls.
The panel held that the Tribe’s governing documents did not provide for an appeal to the Bureau of Indian Affairs of the Tribe’s disenrollment action.
Briefs are here.
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