Montana Federal Court Dismisses RICO Suit against Crow Nation Nursing Home, For Now

Here are the new materials in Wilhite v. Littlelight (D. Mont.):

59 Motion to Dismiss

73 Response

76 Reply

77 Magistrate Report

78 DCT Order Adopting Magistrate Report

Prior post here.

Williams & Cochrane, Rosette, and Quechan Stipulate to Dismiss All of Their Claims [update]

Here is the stipulation in Williams & Cochrane LLP v. Quechan Tribe of the Fort Yuma Reservation (S.D. Cal.):

Prior post here.

Update. Here are recent pleadings from the parties on the substitution of parties that is interesting reading (not all the pleadings are available):

386 Rosette Parties Motion to Substitute [unavailable]

California Federal Court Dismisses Final Two Defendants in Acres Bonusing v. Ramsey (formerly Marston)

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

90 First Amended Complaint

96 Motion to Dismiss

101 Opposition

102 Reply

105 DCT Order

Prior post here.

From DALL-E, an abstract painting of a judge slapping someone with a fish. Yeah, sure, it could be that.

Quechan Tribe and Rosette Firm Largely Prevail against Williams & Cochrane Firm

First, we want to express our deepest sympathy to the family and colleagues of Rob Rosette, who recently walked on far too young. Rob’s impact on Indian country and the practice of Indian law cannot be understated. He was a true giant in the field. Over the years, Rob and his firm hired many of our alums from Michigan State’s Indigenous Law and Policy Center, and for that we are grateful. He will be missed.

Here are the newest materials in Williams & Cochrane LLP v. Quechan Tribe of the Fort Yuma Reservation (S.D. Cal.):

322-1 Rosette MSJ

328-1 W&C MSJ against Rosette

329-1 Quechan MSJ

330-1 W&C MSJ against Quechan

343 Rosette Response to 328

347 Quechan Response to 330

348 W&C Response to 322

349 W&C Response to 329

350 Rosette Reply in Support of 322

352 W&C Reply in Support of 328

353 Quechan Reply in Support of 329

354 W&C Reply in Support of 330

375 DCT Order on Summary Judgment Motions

Prior post here.

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.

Massachusetts Federal Court Declines to Dismiss Suit against Tribal Lending Business Partner

Here are the materials in Duggan v. Martorello (D. Mass.):

Cert Petitions Filed on Habematolel Pomo of Upper Lake Internet Lending

Here is the petition in Treppa v. Hengle:

Appendix

Treppa Application for Stay

Hengle Opposition

Reply

Questions presented:

  1. Whether a court can invalidate an agreement to have an arbitrator resolve questions of arbitrability (a “delegation clause”) based on the court’s interpretation of a separate choice-of-law provision.
  2. Whether sovereign immunity bars private plaintiffs from suing tribal government officials, in their official
    capacities, for alleged violations of state law

Lower court materials here.

In the tule swamp–upper lake Pomo [LOC]

Here is the petition in a related case, Asner v. Hengle:

Question presented:

Can a federal court refuse to enforce the delegation clause of an arbitration agreement on the ground that a choice-of-law provision applicable to the arbitration agreement as a whole prospectively waives federal rights?