Rule 19 – Page 8 – Turtle Talk

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.

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

November 27, 2017November 27, 2017Matthew L.M. Fletcher1 Comment

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.

St. Regis Mohawk Brief in Patent Litigation

September 25, 2017September 25, 2017Matthew L.M. Fletcher

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

September 12, 2017September 12, 2017Matthew L.M. Fletcher

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.

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

September 1, 2017Matthew L.M. Fletcher1 Comment

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

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

July 31, 2017August 14, 2018Matthew L.M. Fletcher

Here:

Alabama-Quassarte Tribal Town Opening Brief

Muscogee Answer Brief

Reply to MCN Brief

Reply to US Brief

Case materials here.