SCOTUS Denies Cert in 1 Indian Law Case

Here is today’s order list.

The denied petition is Acres Bonusing Inc. v. Marston — cert stage briefs here:

Acres Bonusing Cert Petition

Opposition

Reply

Lower court materials here.

California Federal Court Dismisses Remaining Defendants in Acres Bonusing v. Marston

Here are the materials in Acres Bonusing Inc. v. Marston (N.D. Cal.):

78-1 Boutin Jones Motion to Dismiss

79 Janssen Malloy Motion to Dismiss

80-1 Rapport Motion to Dismiss

82 Response

83 Boutin Jones Reply

84 Janssen Malloy Reply

85 Rapport Reply

Prior post here.

California Federal Court Dismisses Anti-NAGPRA Scholar’s Free Speech Suit

Here are the materials in Weiss v. Perez (N.D. Cal.):

16 Motion for Preliminary Injunction

31 San Jose State Motion to Dismiss

32 SJSU Opposition to 16

46 Reply in Support of 16

57 Opposition to 31’\

60 Reply in Support of 31

Complaint posted here.

Federal Court Overturns Gray Wolf Delisting

Here are the materials in National Wildlife Federation v. U.S. Fish and Wildlife Service (N.D. Cal.):

54 First Amended Complaint

74 Enviros Motion for Summary J

87-1 Red Cliff Ojibwe Amicus Brief

107 Federal Motion for Summary J

109 Utah Motion

111 NRA Motion

116 Enviros + Sault Tribe Amicus Brief

117 Farmers Motion

118 Hunters Motion

129 Enviros Reply

130 Federal Reply

132 Utah Reply

133 NRA Reply

138 DCT Order

 

Coyote Band of Pomo Indians Brings Suit in Federal Court to Stop State Court Jurisdiction in Favor of Tribal Court

Here are the materials so far in Coyote Band of Pomo Indians v. Findleton (Calif. Ct. App.):

9 Motion for Preliminary Injunction

26 First Amended Complaint

27 Motion for TRO

Update (3/8/2022):

41 Bank Opposition to Motion for PI

42-1 Findleton Motion to Dismiss

43 Findleton Opposition to Motion for PI

44 Findleton Opposition to Motion to Deposit Property

49-1 Bank Motion to Dismiss

51 Judge Opposition

56 Judge Motion to Dismiss

58 Reply

58 Tribe Reply in Support of Motion for PI

59 Tribe Reply in Support of Motion to Deposit Property

Anti-NAGPRA Scholar Sues San Jose State for Free Speech Violations

“Here Come the Anthros”

Here is the complaint in Weiss v. Perez (N.D. Cal.):

1 Complaint

San Jose Mercury News: “San Jose State: Professor smiling with Native American skull ignites fiery debate

Springer and Weiss: “Responding to Claims of Archaeological Racism

Akwesasne Notes, March 1971

Federal Court Rejects Immunity Defense in Tribal Payday Lending Matter

Here are the relevant materials in Brice v. Stinson (N.D. Cal.):

182 Motion for Summary Judgment

197 Opposition

216 Reply

236 DCT Order

An excerpt:

Plaintiffs seek summary judgment on defendants’ third affirmative defense; that some defendants are protected by or some claims extinguished by tribal immunity. In their opposition, defendants admit they personally “are not entitled to assert or invoke sovereign immunity as a defense to these claims” but nonetheless argue plaintiffs’ litigation “of these claims against shareholders of entities providing contractual services to those lenders is a significant infringement on the sovereignty of the tribes. . . . .” Dkt. No. 197 at 22. Defendants miss the point. The claims here hinge on the personal conduct of the defendants. While that conduct is based in significant part on the services defendants personally engaged in or approved to be provided to the Tribes, the claims do not impede on the sovereignty of the Tribes where the Tribes are not defendants in this case and no Tribal Entities remain. Absent apposite caselaw or facts showing how this action “interferes with the purpose or operation of a federal policy regarding tribal interests,” tribal immunity is irrelevant to this action.