Ninth Circuit – Page 9

Klamath Irrigation District v. Bureau of Reclamation Cert Petition [Rule 19 & Tribal Immunity]

May 18, 2023Matthew L.M. Fletcher

Here:

Klamath Irrigation District Cert Petition.pdf Download

Question presented:

Whether Federal Rule of Civil Procedure 19 requires dismissal of an action challenging a federal agency’s use of water subject to state-adjudicated water rights if a Native American tribe asserts an interest in the suit and does not consent to joinder.

Lower court materials here.

Ninth Circuit Rules against Sauk-Suiatte in U&A Matter

May 1, 2023Matthew L.M. Fletcher

Here is the opinion in Upper Skagit Indian Tribe v. Sauk-Suiatte Indian Tribe.

Briefs and so on here.

*Jaune Smith — it’s as if I took a lot of close-up shots at a Whitney exhibition of her work. . . .*

Modoc Nation and FAA Prevail in Challenge to Airport Sale to Tribe

May 1, 2023Matthew L.M. Fletcher

Here is the unpublished order in Tule Lake Committee v. FAA:

20230105 – Memorandum Order Affirming Dismissal (9th Cir.).pdf Download

Ninth Circuit Denies Attorney Fees to Chicken Ranch

April 25, 2023Matthew L.M. Fletcher

Here is the opinion in Chicken Ranch Rancheria of Me-Wuk Indians of California v. State of California.

Briefs here.

Ninth Circuit Briefs in Lexington Insurance v. Suquamish

April 3, 2023Matthew L.M. Fletcher

Here:

Lexington Opening Brief.pdf Download

Suquamish Answer Brief.pdf Download

Reply TK.

Lower court materials here.

Sauk-Suiattle v. Seattle Cert Petition

April 3, 2023Matthew L.M. Fletcher

Here:

Cert Petition.pdf Download

Questions presented:

Is the court-created “futility” doctrine, which allows a United States court to decide a case removed from state court even though it lacks jurisdiction, repugnant to Article III of the Constitution?
Does application of the so-called “futility” doctrine by a United States court to decide a case over which it lacks jurisdiction contravene 28 U.S.C. 1447(c), the plain language of which requires remand of the cause to the state court from which it was removed?
Should the Supreme Court grant certiorari to reconcile a conflict among the circuit courts of appeal regarding the validity of the futility doctrine?

Lower court materials here.