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.
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.
Here:
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.
Here is the brief in the matter captioned Mylan Pharmaceuticals Inc. v. Allergan Inc.:
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
Prior posts here.
Here are the materials in Rosales v. Dutschke (E.D. Cal.):
62-1 Tribally Related Defendants Motion to Dismiss
Here are the materials in LDFS LLC v. IEC Group Incorporated (D. Ariz.):
Here is the unpublished opinion in Washington v. Director of the Dept.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And here is the unpublished opinion in Scott v. Doe.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:
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