Ninth Circuit

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

Matthew L.M. Fletcher

Here is the unpublished order in Tule Lake Committee v. FAA:

20230105 – Memorandum Order Affirming Dismissal (9th Cir.).pdfDownload
Jaune Smith

Ninth Circuit Denies Attorney Fees to Chicken Ranch

Matthew 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

Matthew L.M. Fletcher

Here:

Lexington Opening Brief.pdfDownload
Suquamish Answer Brief.pdfDownload

Reply TK.

Lower court materials here.

Sauk-Suiattle v. Seattle Cert Petition

Matthew L.M. Fletcher

Here:

Cert Petition.pdfDownload

Questions presented:

  1. 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?
  2. 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?
  3. 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.

Ninth Circuit En Banc Oral Argument in Apache Stronghold v. United States

Matthew L.M. Fletcher

Briefs here.

En banc stage amicus briefs here.

SCOTUS Denies Cert in Challenge to Spokane Tribe Water Agreement

Matthew L.M. Fletcher

Here is today’s order list.

The denied petition is Sulgrove v. Spokane Indian Tribe.

Lower court materials here.

This has nothing to do with this case.

Ninth Circuit Reinstates Alaska’s Challenge to Kake Emergency Subsistence Hunt

Matthew L.M. Fletcher

Here is the opinion in State of Alaska v. Federal Subsistence Board.

Briefs here.

Prevailing Tribes Seek More than One Million in Attorney Fees against California

Matthew L.M. Fletcher

Briefs:

Motion for Attorney Fees

Opposition

Reply

Prior post here.

Ninth Circuit Rejects Leadership Claims of Alturas Rancheria Faction

Matthew L.M. Fletcher

Here is the opinion in Alturas Indian Rancheria v. Bernhardt.

Briefs and lower court materials here.

Amicus Briefs in the Ninth Circuit En Banc Stage of Apache Stronghold v. United States

Matthew L.M. Fletcher

Here is the fantastic amicus brief on behalf of tribes and tribal orgs written by April Youpee-Roll at Munger and Jason Searle and Beth Wright at NARF:

tribal-nations-and-tribal-orgs-amicus-briefDownload

Here are the other briefs:

Mennonite Amicus Brief

Mormon Church Amicus Brief

Protect the First Amicus Brief

Religious Liberty Scholars Amicus Briefs

Sikh Amicus Brief

Prior post here.