Here is the order.
Here are the materials “en” the en banc petition stage:
Pacific Coast Federation Amicus Brief
And the panel materials are here.
Ninth Circuit
Ninth Circuit Affirms Major Crimes Act Conviction (Out of Yakama)
Here is the unpublished opinion in United States v. Gomez.
Ninth Circuit Upholds Tribal Court Consecutive Sentencing under ICRA
Here is the opinion in Miranda v. Anchando:
Ninth Circuit Affirms Indian Country Crimes Act Conviction (Out of Montana)
Here is the unpublished opinion in United States v. White.
Ninth Circuit Affirms Major Crimes Act Conviction (2d Degree Murder) Out of Montana
Here is the unpublished opinion in United States v. Goodbear.
Ninth Circuit Holds in Favor of Blue Lake Rancheria in FUTA Case
Here is the opinion in Blue Lake Rancheria v. United States.
And the briefs:
And a link to the lower court decision, now reversed.
Ninth Circuit Rejects Federal Court Jurisdiction in State Law, Nonmember Claims over Tribal Allotment
Here is the opinion in K2 America Corp. v. Roland Oil & Gas Co.
Here is an excerpt:
In this appeal, we consider whether federal jurisdiction exists over a lawsuit between two Montana corporations alleging state law claims arising from a dispute over lands held by the United States in trust for various Indian allottees. We conclude that federal jurisdiction does not extend to the claims, and we affirm the judgment of the district court.
Another excerpt:
The district court properly dismissed this case for lack of subject matter jurisdiction. We need not—and do not—reach any other issues raised by the parties, including exhaustion of tribal remedies. We note, though, that our holding does not preclude K2 from seeking relief in Blackfeet Tribal Court. See, e.g., Longie, 400 F.3d at 591. “Indeed, there may be circumstances in which a nonmember plaintiff may have no forum other than the tribal courts in which to bring his claims.” Smith v. Salish Kootenai Coll., 434 F.3d 1127, 1140 (9th Cir. 2006) (en banc).
And here are the briefs:
Opening Ninth Circuit Briefs in Gila River Indian Community v. United States (Tohono O’odham Off-Reservation Gaming)
Ninth Circuit Reinstates Native Alaskan Allottee’s Claims against BLM
Here are the materials in Jachetta v. United States:
Federal Appellee Brief in Jachetta
State of Alaska Appellee Brief
Jachetta Reply to Federal Brief
An excerpt:
In 1971, William Carlo Jachetta applied for a 160-acre Native allotment comprised of two parcels (Parcel A and Parcel B) but, because of an error of the United States government, his application was initially processed only as a request for Parcel A, which the Bureau of Land Management (“BLM”) issued to Jachetta in 1986. In 2004, after long and complicated administrative proceedings, the BLM finally issued Jachetta his allotment for Parcel B. By this time, however, Parcel B had been used as a “material site” by the State of Alaska Department of Transportation (“Alaska” or the “State”) and by the Alyeska Pipeline Service Company (“Alyeska”) who, among other things, had extracted over 700,000 cubic yards of gravel from the allotment. Dissatisfied with the physical condition of Parcel B, Jachetta sued the BLM, Alaska, and Alyeska in federal court, alleging causes of action for inverse condemnation, injunctive relief, nuisance, breach of fiduciary duties, and civil rights violations. The district court dismissed Jachetta’s action against the BLM and Alaska on the basis of sovereign immunity, and Jachetta appeals the dismissal to this court. We hold that sovereign immunity bars Jachetta’s entire action against Alaska but, at this point, only part of his action against the BLM.
Eighth and Tenth Circuits Decide Appeals Involving Major Crimes Act Convictions
Here is today’s Eighth Circuit opinion in United States v. White Bull (White Bull).
And here is today’s Tenth Circuit opinion in United States v. Waseta.
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