Sac and Fox Nation

Native Wholesale Supply v. Wasden (Idaho) Cert Petition

Matthew L.M. Fletcher

Here:

Native Wholesale Supply v Wasden Cert Petition

1. Whether under circumstances in which a State is admittedly precluded from regulating an Indian it is also precluded from regulating a corporation wholly owned by an Indian and organized under the laws of a federally recognized tribe.
2. Whether, under a State law that purports to give the Attorney General power to “approve” all cigarettes before they may be imported into Idaho, the State of Idaho can prohibit an Indian-owned business on the Coeur d’Alene reservation from importing into that reservation cigarettes that are sold “FOB Seneca Nation” by a company wholly owned by a member of the Seneca Nation and licensed by the Seneca Nation to carry on such trade.
3. Whether the State of Idaho’s cigarette-sale statutes are preempted to the extent that they are enforced in a manner that prohibits Native Wholesale Supply Company (“NWS”) from trading with Warpath Inc. (“Warpath”).
4. Whether the State of Idaho can constitutionally exercise personal jurisdiction over NWS, an Indian-chartered entity located on Seneca Nation of Indians Land, situated within the geographic boundaries of the State of New York, where NWS sells the tobacco products “FOB Seneca Nation” to Warpath, and the products are then transported to Warpath’s place of business on the Coeur d’Alene reservation.

Lower court materials here.

Sac and Fox Tribe/NCAI Briefs in Third Circuit Appeal of Jim Thorpe Case

Matthew L.M. Fletcher2 Comments

Here:

Sac and Fox Tribe Brief

NCAI Amicus Brief

Opening briefs are here.

Lower court materials here.

Opening Third Circuit Brief in Thorpe v. Borough of Jim Thorpe — Updated with Amicus

Matthew L.M. Fletcher4 Comments

Here:

Borough Opening Brief 3rd Cir (00020639)

Update — Amicus brief:

Grandsons Amicus Brief

Lower court materials here.

Sac and Fox Company Sues Ponca Tribe in Federal Court over Construction Contract

Matthew L.M. Fletcher

Here is the complaint in G2 v. Ponca Tribe of Indians of Oklahoma (W.D. Okla.):

G2 Complaint

An excerpt:

5. On March 1, 2010, the Ponca Tribe executed a “Construction Loan” in favor of G2 in the principal amount of $750,000.00, with a rider that all construction should be performed at cost plus 10%.

6. G2 performed all of its obligations under the Construction Loan contract.
7. The Ponca Tribe had been substantially performing on this Construction Loan by making payments to G2 in the amount of $35,000.00 per month. See attached Exhibit 2.
8. Despite G2’s notice of default and demand for repayment, the Ponca Tribe has defaulted on repayment pursuant to the terms of the Construction Loan. Said failure constitutes an event of default pursuant to the Construction Loan. The Ponca Tribe breached its contract with G2 by failing to make payments on the principal balance, and failing to otherwise cure the default.
9. G2 has sustained damages in connection with the Ponca Tribe’s breach of contract.
10. G2 has sustained damages and costs in connection with the Ponca Tribe’s continued use of its tax license, incurring fees and monies owed (OTC Case No. P-13-037-K).

11. G2 is entitled to recover damages it has sustained, including repayment of the remaining principal balance of $350,000.00, interest which continues to accrue, plus the expenses related to filing this action and reasonable attorneys’ fees.

Jim Thorpe, PA Has “no intention of letting him go”

Matthew L.M. Fletcher

Here, via How Appealing.

Idaho SCT Affirms Jurisdiction over Native Wholesale Supply

Matthew L.M. Fletcher1 Comment

Here is the opinion.

The court’s summary:

In an appeal from Ada County, the Supreme Court affirmed the decision of the district court that the State of Idaho can regulate the importation of cigarettes onto reservations located in Idaho and that the State has personal jurisdiction over non-resident defendant Native Wholesale Supply Company. The Supreme Court reversed the district court’s decision that Native Wholesale Supply Company is required to obtain a wholesaler permit for its sales to a tribal-owned retailer on the Coeur d’Alene reservation.

News coverage here.

Judge Orders Repatriation of Jim Thorpe’s Remains under NAGPRA

Andrew Adams III4 Comments

Judge Caputo (Mid. Dist. Penn.) entered an order granting a complete summary judgment in favor of Bill and Richard Thorpe and the Sac and Fox Nation in the litigation to repatriate the remains of Jim Thorpe pursuant to the Native American Graves Protection and Repatriation Act.

The judge concluded that NAGPRA applies to the remains of Jim Thorpe and to the Borough, and he also ruled that the passage of time between the enactment of NAGPRA and the filing of this case did not prevent a repatriation. This is a very significant ruling under NAGPRA, and it should be helpful to tribes in the future because it addresses and rejects some so-called defenses to NAGPRA that could be used to impede repatriation efforts.

Memorandum Decision

Order

Update w/ materials:

Borough Motion for Summary J

Sac and Fox Nation Motion for Summary J

Borough Response

Sac and Fox Nation Response

WaPo on Tribal Concerns re: Keystone XL Pipeline

Matthew L.M. Fletcher

Here, or here.

 

WaPo Article on Jim Thorpe Burial Dispute

Matthew L.M. Fletcher

Here.

Tama County, Iowa Magistrate Vander Mey “Back in the Saddle”

Matthew L.M. Fletcher

Reinstated to full duties, that is. The judge reversed an earlier order relating to a drunk driving arrest by Meskawki tribal police, but apparently not the order relating a tribal immunity defense in small claims court (see our post here).

Here is the news article.

An excerpt:

In one of the court actions, Vander Mey has now reversed the dismissal of a drunken driving charge he made on May 5.

He has directed Starla Fawn Durnin, rural Tama, to appear before Magistrate Ann Kuhter today (Tuesday, May 24) for an initial appearance on the charge.

Durnin continued to be held in the Tama County Jail in Toledo last Friday on an unrelated probation violation charge and a public intoxication charge filed after Vander Mey threw out the drunken driving charge.

He dismissed the drunken driving charge after Durnin was not brought to court for an initial appearance within 24 hours of her arrest by Meskwaki Nation Tribal Police.