Here are the Tenth Circuit briefs so far in State of Oklahoma v. Hobia:
Brief Amicus Curiae State of NM (filed 1-25-13) (W1843673)
State of Michigan Amicus Brief
Filed Brief of the Appellee (1-25-13) (W1843503)
Lower court materials here.
Rule 19
KG Urban Amends Complaint
Federal Court Denies Navajo Rule 19 Motion in Diné CARE v. US Office of Surface Mining Reclamation
D.C. Circuit Reverses Dismissal of Cherokee Freedmen Suit against Cherokee Officials
Here is today’s opinion in Vann v. Dept. of Interior: CADC Opinion
An excerpt:
Applying the precedents that permit suits against government officials in their official capacities, we conclude that this suit may proceed against the Principal Chief in his official capacity, without the Cherokee Nation itself as a party.
The Freedmen have sued the Principal Chief in his official capacity under the doctrine of Ex parte Young, 209 U.S. 123. The Ex parte Young doctrine allows suits for declaratory and injunctive relief against government officials in their official capacities – notwithstanding the sovereign immunity possessed by the government itself. The Ex parte Young doctrine applies to Indian tribes as well. Cf. Oklahoma Tax Commission, 498 U.S. at 514; see generally Larson, 337 U.S. at 689-92; RICHARD H. FALLON, JR., DANIEL J. MELTZER & DAVID L. SHAPIRO, HART AND WECHSLER’S THE FEDERAL COURTS AND THE FEDERAL SYSTEM 958-60 (5th ed. 2003).
Briefs are here.
Challenge to Repatriation of “La Jolla Skeletons” Dismissed
Here are the materials in White v. Regents of the University of California (N.D. Cal.):
Corrected UCSD Brief and Motion to Dismiss
DCT Order Granting Motion to Dismiss
Our prior post on this case is here.
Tenth Circuit Affirms Dismissal of Northern Arapaho Tribe Tax Case for Failure to Join Eastern Shoshone Tribe
Here is today’s opinion in Northern Arapaho Tribe v. Harnsberger.
Briefs here.
Lower court materials here.
Update in Navajo Dine CARE v. Salazar Suit re Navajo Mine — Additional Update (11/6/12)
Here are the updated materials:
Navajo Intervention and Motion to Dismiss post
Update: FINAL 2012-10-18 Dine C.A.R.E.,et al. v. Salazar Not. Supp. Auth.
Massachusetts Tribes Move to Intervene in KG Urban v. Patrick Case
Update in Vann v. Interior & Cherokee Nation v. Nash
The Cherokee Nation has voluntarily dismissed their claims against the feds in Cherokee Nation v. Nash:
Cherokee nation vs nash order 8 21 2012 feds
The feds have an outstanding counterclaim against the Nation and so they remain parties.
In the D.C. Circuit appeal, Vann v. Interior, here is Vann’s reply brief:
2012-08-30 Reply Brief of Appellants Marilyn Vann et al
Prior briefs are here.
Split Washington SCT Holds Tribes are Not Indispensable to Private Challenge to State-Tribal Tax Compacts
Here is the majority:
And the dissent:
And links to all the briefs:
85661-3 – Automotive United Trades Organization v. State of Washington et al.
Hearing Date – 01/12/2012
- Amici of a G C W, Et Al
- Amicus of a W B
- Amicus of Nfib, Et Al
- Amicus of W O M a
- Amicus of W P C
- Appellant Brief
- Auto’s Answer to Amici of Nfib, Et Al
- Reply
- Respondent Brief
- Respondent’s Answer to Amici Briefs
- Motion to Expand Record
- Reply in Support of Motion to Expand Record
- Response to Motion to Expand Record
- Statement of Additional Auth
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