Ninth Circuit Briefs and Materials in Jamul Action Committee v. Chaudhuri

Here are the briefs:

JAC Opening Brief

Federal Answer Brief

Tribal Answer Brief

JAC Reply

Oral argument video here.

Lower court materials here.

Ninth Circuit Oral Argument in Tohono O’Odham Nation v. Arizona

Here.

Briefs here.

Lower court materials here.

Ed Gehres Dollar General Post-Argument Analysis

Here is “Argument analysis: Is tribal court civil jurisdiction over non-Indians truly a constitutional issue, or one of settled precedent?”

The best line (from a very good analysis):

The outcome of this case is tough to call after the argument. It looks to be a case that may be decided on a tight vote. But one thing is absolutely certain. Regardless of the outcome, sophisticated tribes and businesses will spend increasing amounts of energy at the bargaining table fashioning partnerships where consents to applicable law and forum are clear and express.

Nebraska v. Parker Oral Argument Scheduled for January 20, 2016

Here is the Supreme Court’s January sitting schedule.

Nebraska v. Parker briefs and materials are here.

Oral Argument Transcript in Menominee Indian Tribe v. United States

Here.

Briefs and materials are here.

Ninth Circuit Audio and Video in United States v. Washington Culverts Appeal

Audio and video.

Billy Frank atop a culvert
Billy Frank atop a culvert

Opening and answer briefs.

Lower court materials here and here.

Ninth Circuit Oral Argument Audio in Oklevueha Native American Church v. Lynch

Here.

Briefs here.

SCOTUS Schedules Oral Argument in Menominee (Dec. 1) and Dollar General (Dec. 7)

Here.

S’Klallam Tribes Prevail over Lummi in U.S. v. Washington U&A Subproceeding

Here are the materials in United States v. Washington subproceeding 11-2 (W.D. Wash.):

164 Jamestown and Port Gamble Motion

167 Lummi Motion

168 Lower Elwha Motion

176 Jamestown and Port Gamble Response

178 Suquamish Response

183 Lower Elwha Response

186 Jamestown and Port Gamble Reply

189 Lummi Reply

193 Lower Elwha Reply

210-Order on SJ

This matter is on remand from the Ninth Circuit, materials here.

Ninth Circuit Sitting En Banc Rules in Favor of Big Lagoon Rancheria in Gaming Dispute with California

Here is the opinion in Big Lagoon Rancheria v. State of California:

10-17803

From the court’s syllabus:

The en banc court affirmed the district court’s summary judgment in favor of a tribe that alleged that the State of California had failed to negotiate in good faith for a gaming compact under the Indian Gaming Regulatory Act for Class III gaming on a parcel of land taken into trust for the tribe by the Bureau of Indian Affairs.

Rejecting California’s argument that the tribe lacked standing to compel it to negotiate in good faith under the IGRA, the en banc court held that the State’s argument amounted to an improper collateral attack on the BIA’s decisions to take the parcel of land into trust and to designate the tribe as a federally recognized Indian tribe. The en banc court held that the district court did not abuse its discretion in failing to grant a continuance for additional discovery under Fed. R. Civ. P. 56(f).

The en banc court dismissed the tribe’s cross-appeal as moot.

Links to oral argument and briefs here.