Tenth Circuit Affirms Federal Criminal Jurisdiction over Pueblo Fee Lands Owned by Non-Indians

Here is the opinion in United States v. Smith.

Briefs and lower court materials here.

10th Circuit Case Challenging Federal Jurisdiction on Pueblo Fee Lands

Here are the briefs in United States v. Smith:

APPELLANT’S OPENING BRIEF

United States Response Brief

Pueblo Amicus

2023-07-12_ Brief of the SofNM as Amicus Curiae

Reply Brief

Here are the lower court pleadings:

47 Motion to Dismiss

53 Response

60 Reply

110 DCT Order

New Mexico rocks

Federal Court Remands to State Court Workers Comp. Claims against Tribal Insurer

Here are the materials in Mendoza v. First Santa Fe Insurance Services Inc. (D.N.M.):

1 Notice of Removal

1-2 Amended Complaint

6 Motion to Dismiss

8 Response

10 Motion to Remand

12 Reply in Support of Motion to Dismiss

14 Response to Motion to Remand

17 Reply in Support of Motion to Remand

42 DCT Order

Related case here.

Federal Court Thins Down Claims against US/Isleta Pueblo in Dog Head Fire Matter

Here is the order in De Baca v. United States (D.N.M.):

209-dct-order.pdf

Briefs TK.

New Mexico COA Allows Isleta Casino Worker’s Comp Claim to Proceed over Tribal Immunity Defense

Here is the opinion in Mendoza v. Isleta Resort & Casino & Hudson Ins. (N.M. Ct. App.):

CA35,520

Friday Job Announcements

Job vacancies are posted on Friday. Some announcements might still appear throughout the week. If you would like your Indian law job posted on Turtle Talk, please email indigenous@law.msu.edu.

Nottawaseppi Huron Band of Potowatomi

Legal Intern, Fulton, MI. Work up to 10 hours per week during the school year. Open to first and second year law students.

Water Protector Legal Collective

Summer Intern, Mandan, N.D. The Water Protector Legal Collective (WPLC) is seeking (1L/2L) law students for a summer internship to work on the ground supporting water protectors, movement justice, and the Pro Hac attorney program.

Pueblo of Isleta

Tribal Prosecutor, Isleta, N.M. The position presents criminal complaints and prosecutes individuals accused of violating civil and/or criminal laws. Serves as presenting officer in Person-at-risk cases. Application.

National Congress of American Indians

Project Attorney, Washington, D.C. Responsible for day to day management of NCAI’s VAWA implementation technical assistance project.

Fort McDowell Yavapai Nation

Assistant General Counsel, Fountain Hills, AZ. Closes May 1, 2017.

Saginaw Chippewa Indian Tribe

Senior Associate General Counsel, Mt. Pleasant, MI.

Associate General Counsel, Mt. Pleasant, MI.

Bankruptcy Court Holds Tribal Court Order Violated Automatic Stay

Here are the materials in In re Montoya (D. N.M. Bkcy.):

13 Motion to Enforce Automatic Stay

17 Response

31 Order

Indian Law Jobs in New Mexico Bar Bulletin

Here.

I saw postings for an Isleta Pueblo judge and a Jicarilla water law attorney.

Garcia v. United States: Cacophony in the Wedding Chapel

Here is the final opinion in Garcia, a Federal Tort Claims Act claim against an Isleta Pueblo tribal cop, who intervened to break up a fight at a wedding (or, in the words of the court, “Two Weddings and a Broken Jaw”): Garcia v. United States.

The court held after a two-day bench trial that the United States could be liable for the actions of an off-duty tribal cop under a 638 contract and the FTCA, but that the cop had not committed a tort.