Federal Court Dismisses Trust Breach Claim by Osage Headright Beneficiaries

Here are the materials in Fletcher v. United States (N.D. Okla.):

DCT Order Dismissing Third Amended Complaint

USA Motion to Dismiss

Fletcher Opposition

USA Reply

Our prior post on this case (from 2009) is here.

Materials in Kialegee Tribal Town Casino Suit

Here are the materials so far in State of Oklahoma v. Hobia (N.D. Okla.):

Complaint

State Brief for Preliminary Injunction

Hobia Response in Opposition to PI Motion

State DCT Order re Prime Ground Lease

Our previous post is here. The Tulsa World is also collecting docs here.

Federal Court Dismisses Complaint of Gambling Addict against Muscogee (Creek) Nation

Here are the materials in Santana v. Muscogee (Creek) Nation ex rel. River Spirit Casino (N.D. Okla.):

MCN Motion to Dismiss

Santana Brief

DCT Order Dismissing Santana Complaint

State of Oklahoma v. Hobia Complaint (Kialegee Tribal Town Casino)

Here are the materials:

Complaint for Injunction and Dec. Relief

Motion for Preliminary Injunction

State Brief Preliminary Injunction

Okla. AG press release here. News coverage here.

Federal Court in Bench Trial Rules against Osage Challenge to Wind Farm

Here is the opinion in Osage Nation v. Wind Capital Group LLC (N.D. Okla.):

DCT Judgment against Osage

Here is the complaint.

Osage Nation v. Wind Capital Group Complaint

Here:

Complaint

A suit to stop construction and operation of wind turbines on top of the Osage mineral estate.

Former Muscogee ICW Worker Wins Appeal of Disability Denial

Here is the opinion in Deere v. Astrue (N.D. Okla.):

Deere v Astrue

From the opinion:

As his third issue, plaintiff argues the ALJ’s finding that plaintiff can perform his past work as a case worker is not supported by substantial evidence because the ALJ failed to determine the physical and mental demands of his past work as a case worker for the Indian Tribe. The Court agrees.

The evidence is clearly conflicting as to whether plaintiff could meet the mental requirements of his former job as a case worker. As the ALJ pointed out, plaintiff’s activities and social engagement, during the relevant time, supported a finding that he had the capacity to work. However, conflicting evidence shows that plaintiff either quit his former job or was terminated purportedly due to the stress of taking children away from their parents. Dr. Billingsley opined that plaintiff’s PTSD may impact his ability to concentrate. [R. 462]. Although the ALJ entered extensive findings regarding plaintiff’s busy schedule of daily activities and his various social functions, he failed to factor whether plaintiff’s PTSD had any impact on his concentration, pace and persistence to perform his past job as a case worker. Moreover, Dr. Love “surmised” that plaintiff was not able on December 31, 2003 to function well in a stressful work environment. [R. 468]. Dr. Love was plaintiff’s treating physician during the relevant time. On remand, the ALJ is directed to apply the correct legal standard, by rating each of plaintiff’s functional capacities, prior to entering his determination whether plaintiff’s has the mental capacity to return to his past work as a case worker. As noted above, a prerequisite as to whether plaintiff can return to his past work is for the ALJ to complete a proper PTR Form. In addition, the ALJ is directed to analyze Dr. Love’s statement of July 20, 2007 [R. 468] under the treating physician rule; or enter factual findings or legal support to justify rejecting Dr. Love’s classification as plaintiff’s treating physician.

Federal Court Dismisses Private IP Infringement Claim against Quapaw Tribe

Here are the materials in Specialty House of Creation v. Quapaw Tribe (N.D. Okla.):

DCt Order Granting Quapaw Motion to Dismiss

Quapaw Motion to Dismiss

Specialty House Response

Quapaw Reply

Arvo Mikkanen Nominated for Federal Bench in Oklahoma

From the White House press release:

Arvo Mikkanen:  Nominee for the United States District Court for the Northern District of Oklahoma
Arvo Mikkanen serves as an Assistant United States Attorney for the Western District of Oklahoma, a position he has held since 1994.  From 1988 to 1994, Mikkanen was an associate attorney at Andrews Davis Legg Bixler Milsten & Price.  During that same time, he also served as a trial and appellate judge for Court of Indian Offenses and Court of Indian Appeals for the Kiowa, Comanche, Apache, Wichita, Caddo, Delaware, Fort Sill Apache, Ponca, Pawnee, Kaw, Otoe-Missouria, and Tonkawa Tribes.  From 1991 to 1994, he served as the Chief Justice of the Cheyenne-Arapaho Supreme Court.  From 1987 to 1988, Mikkanen served as a law clerk to the Honorable Robert M. Parker of the U.S. District Court for the Eastern District of Texas, and from 1986 to 1987, he served as a law clerk to the Honorable Lawrence S. Margolis of the U.S. Claims Court.  He received his J.D. in 1986 from Yale Law School and his B.A. in 1983 from Dartmouth College.

News coverage here and here.

Remaining Federal Law Claims in Gilmore v. Salazar Dismissed

Here is that opinion: Gilmore v. Salazar II

The earlier order is here.