Rule 19 – Page 7 – Turtle Talk

Ninth Circuit Affirms Dismissal of Skokomish v. Forsman

June 19, 2018June 19, 2018Matthew L.M. Fletcher

Here is the unpublished opinion:

17-35336 docket 47_6.18.2018

Briefs here.

Federal Court Denies Warm Springs Rule 19 Motion, Holding Clean Water Act Abrogates Tribal Immunity

June 13, 2018Matthew L.M. Fletcher

Here are the materials in Deschutes River Alliance v. Portland General Electric Company (D. Or.):

74 Motion to Dismiss

Federal Court Dismisses Gaming Developer’s State Law Claims against Apache Tribe, Orders Tribal Court Exhaustion in Others

May 18, 2018May 18, 2018Matthew L.M. Fletcher

Here are the materials in FSS Development Company LLC v. Apache Tribe of Oklahoma (W.D. Okla.):

21 motion to stay

22 motion to dismiss

Compensation-Based Class Action against Eastern Band Cherokee Casino Materials

May 14, 2018May 14, 2018Matthew L.M. Fletcher

Here are the materials so far in Clark v. Harrah’s NC Casino Company LLC (W.D. N.C.):

34-1 Motion to Dismiss

53 Magistrate Report

54 Defendants’ Limited Objections

55 Clark Objections

SCOTUS Denies Cert in New Mexico Public Service Co. v. Barboan

May 1, 2018Matthew L.M. Fletcher

Yesterday’s order list is here.

Case materials are here.

Cert Opposition Brief in N.M. Public Service Co. v. Barboan & Navajo

March 28, 2018March 29, 2018Matthew L.M. Fletcher

Here:

cert opposition[Navajo]

Cert petition here.

Federal Court Rejects Trappers/Hunters Effort to Dismiss Challenge to Federal Implementation of Convention on International Trade in Endangered Species (Rule 19!)

February 23, 2018February 23, 2018Matthew L.M. Fletcher

Here are the materials in Wildearth Guardians v. United States Fish & Wildlife Service (D. Mont.):

75 Motion to Dismiss

79 Federal Response

80 Wildearth Guardians Response

Ninth Circuit Briefs in Skokomish Indian Tribe v. Forsman

February 12, 2018Matthew L.M. Fletcher

Here:

Skokomish Opening Brief

Forsman Answer Brief

Skallam Tribes Amicus Brief

Lower court materials here.

Upper Skagit Indian Tribe v. Lundgren Background Materials

January 31, 2018March 21, 2018Matthew L.M. Fletcher3 Comments

Question presented:

Does a court’s exercise of in rem jurisdiction overcome the jurisdictional bar of tribal sovereign immunity when the tribe has not waived immunity and Congress has not unequivocally abrogated it?

Here are the merit stage briefs:

Upper Skagit Brief

United States Brief

NCAI Amicus Brief

Tribal Amicus Brief

Tribal Amicus Brief II

States Amicus Brief in Support of Neither Party

Respondents Brief

Cert stage briefs:

Lower court materials:

Washington SCT Decision

Appellants Brief

Respondents Brief

SCOTUS Grants Cert in Upper Skagit In Rem Immunity Matter

December 11, 2017December 11, 2017Matthew L.M. Fletcher

Here is the order list from last Friday.

Here are the cert stage materials in Upper Skagit Indian Tribe v. Lundgren.

Lower court materials here.