SCOTUS Grants Cert in Upper Skagit In Rem Immunity Matter

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.

Public Service Co. of New Mexico v. Barboan Cert Petition

Here:

Cert Petition

Questions presented:

1. Does 25 U.S.C. § 357 authorize a condemnation action against a parcel of allotted land in which an Indian tribe has a fractional beneficial interest, especially where (a) the the tribe holds less than a majority interest, (b) the purpose of condemnation is to maintain a long-standing right-of-way for a public utility, and (c) the statute was not “passed for the benefit of dependent Indian tribes.” Alaska Pacific Fisheries v. United States, 248 U.S. 78, 89 (1918)?

2. If 25 U.S.C. § 357 authorizes such a condemnation action, may the action move forward if the Indian tribe invokes sovereign immunity and cannot be joined as a party to the action?

Lower court materials here.

St. Regis Mohawk Brief in Patent Litigation

Here is the brief in the matter captioned Mylan Pharmaceuticals Inc. v. Allergan Inc.:

Tribe-Motion-to-Dismiss-IPRs

Federal Court Declines to Stay Mandate in Effort to Condemn Navajo Lands Saying Utility Loses Even if SCOTUS Reverses

Here are the materials in Public Service Company of New Mexico v. Approximately 15.49 Acres of Land in McKinley County (D.N.M.):

142 Motion to Confirm Stay Order

143 Response

145 Reply

147 DCT Order

Prior posts here.

Federal Court Dismisses Effort to Shut Down Indian Casino Project Allegedly Built on Indian Cemetery

Here are the materials in Rosales v. Dutschke (E.D. Cal.):

62-1 Tribally Related Defendants Motion to Dismiss

63-1 Federal Defendants Motion to Dismiss

74 Response to Federal Motion

75 Response to Tribal Motion

80 Federal Reply

84 Tribal Reply

98 DCT Order

Tenth Circuit Briefs in Alabama-Quassarte Tribal Town v. United States

Here:

Alabama-Quassarte Tribal Town Opening Brief

Muscogee Answer Brief

US Brief

Reply to MCN Brief

Reply to US Brief

Case materials here.

Federal Dismisses Contract Action under Rule 19 for Failure to Join Tuba City Regional Healthcare Corp.

Here are the materials in LDFS LLC v. IEC Group Incorporated (D. Ariz.):

11 Motion to Dismiss

12 Response

15 Reply

17 DCT Order

Washington COA Dismisses Two Challenges to Swinomish Civil Forfeiture under Rule 19

Here is the unpublished opinion in Washington v. Director of the Dept. of Licensing.

An excerpt:

After losing her vehicle to the Swinomish Tribe in civil forfeiture, Washington filed this suit against the Department of Licensing and unnamed Swinomish police officers. The trial court dismissed the case under CR 19 for failure to join an indispensable party: the Tribe. We affirm.

Here are the briefs:

And here is the unpublished opinion in Scott v. Doe.

Briefs:

Ninth Circuit Decides Comenout v. Whitener (Rule 19, tribal immunity)

Here is the unpublished order.

Briefs:

Opening Brief

Answer Brief

Reply Brief

Lower court materials:

19 Motion to Dismiss

21 Response

24 Reply

25 DCT Order

 

Tenth Circuit Materials in Donelson v. U.S.: NEPA Challenge to Interior Drilling Approvals re: Osage Mineral Estate

Here:

Donelson Brief

Industry Response Brief

US Response Brief

Reply TK

Lower court materials here.