Here are the materials in Klamath Claims Committee v. United States (Fed. Cl.):
DCT Order Granting Partial Dismissal for US
USA Motion to Dismiss KCC Complaint
Here are the materials in Klamath Claims Committee v. United States (Fed. Cl.):
DCT Order Granting Partial Dismissal for US
USA Motion to Dismiss KCC Complaint
Here are the materials in Salt River Project Agricultural Improvement and Power District v. Lee (D. Ariz.):
Navajo Exhaustion Motion to Dismiss
Navajo Rule 19 Motion to Dismiss
Salt River Motion for Summary Judgment
This case is on remand from the Ninth Circuit — and that order is here.
Interesting case, with Rule 19 a major player.
Here is the opening brief in El Dorado/Diamond Springs Fire Protection District v. El Dorado Fire Protection District (Cal. App. 3rd Dist.): Diamond Springs Opening Brief.
The agreement involves the Shingle Springs Band of Miwok Indians.
Here is that court’s opinion in Armijo v. Pueblo of Laguna. An excerpt:
The Pueblo of Laguna (the Pueblo) appeals the order of the district court denying the Pueblo’s motion to dismiss the cross-claims of Appellee Robert Armijo (Armijo) filed in a quiet title suit. Our resolution of this appeal requires us to consider the issue of tribal sovereign immunity as it relates to non-tribal land purchased by the Pueblo and whether the Pueblo is an indispensable party. We hold that the Pueblo is immune from suit under the doctrine of tribal sovereign immunity and, further, that the Pueblo is an indispensable party who cannot be joined. Accordingly, we reverse the order of the district court and remand for dismissal of Armijo’s cross-claims.
Interestingly, this case was decided Oct. 6, right before the Supreme Court granted cert in Madison County v. Oneida Indian Nation.
Interesting decision, in that the court found the private plaintiff could avoid California’s Eleventh Amendment immunity, but dismissed anyway for a lack of a cause of action in IGRA to sue over gaming compacts.
Here are the materials in Friends of Amador County v. Salazar (E.D. Cal.):
Here is the most recent update in Quapaw Tribe v. Blue Tee (N.D. Okla.):
Here are the materials so far in Ninilchik Natives Association, Inc. v. Cook Inlet Region, Inc. (D. Alaska):
The case is Boye v. United States and is pending in the Federal Circuit:
The lower court decision is here.
Ah, Rule 19!
Here is Judge William Fletcher’s opinion in EEOC v. Peabody Coal. Here are the briefs.
And supplemental authority filed by the Navajo Nation: Austin v Andrus Brief.
As Indianz reported yesterday, the Third Circuit vacated a part of the district court order dismissing the Unalatchtigo Band of Nanticoke-Lanni Lenape Nation’s land claim for the Brotherton Indian Reservation involving the Stockbridge-Munsee Indian Community.
Here are the briefs (opinion here):
Stockbridge Munsee Community Brief
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