The Sault Ste. Marie Tribe of Chippewa Indians (Michigan) seeks an attorney of stature and notable experience to serve as lead counsel for the negotiation, or litigation, of a resource allocation agreement for court affirmed treaty rights, along with possible litigation regarding exterior boundaries of the ceded territory. Preference will be given to those submissions showing extensive and demonstrable experience in treaty rights litigation. To receive an RFP packet contact Aaron Schlehuber at lawaaron@saulttribe.net..
Sault Ste. Marie Tribe of Chippewa Indians
Michigan Tribe Seeks Attorney for Treaty Rights Litigation
The Sault Ste. Marie Tribe of Chippewa Indians (Michigan) seeks an attorney of stature and notable experience to serve as lead counsel for the negotiation, or litigation, of a resource allocation agreement for court affirmed treaty rights, along with possible litigation regarding exterior boundaries of the ceded territory.
Preference will be given to those submissions showing extensive and demonstrable experience in treaty rights litigation. To receive an RFP packet contact Aaron Schlehuber at lawaaron@saulttribe.net.
Prisoner Suit against Sault Tribe (and many others) Dismissed under Prison Litigation Reform Act Screening
Here is the order in Fleming v. Manistique Public Safety (W.D. Mich.):
Federal Court Holds Federal Bankruptcy Code Did Not Waive Tribal Immunity under Bay Mills Clear Statement Rule
Here are the materials in Buchwald Capital Advisors, LLC v. Papas (In re Greektown Holdings, LLC):
This case is on appeal from the bankruptcy court. Here are those materials.
Gatzaros’ Cert Petition against Sault Tribe Denied
Here is today’s order list.
We posted the petition and related materials here.
Who Won American Indian Law and Policy 2014, Second Round, Bracket 1 of 4
32 are in, 32 are out. Let’s proceed to the eight remaining in Category 1, Indian nations.
#1 Alaska Native tribes v. #8 Omaha Tribe
The Alaska Natives tribes, my overall top seed, took 95 percent of the first round vote. The Omaha Tribe took 75 percent, easily routing the Kialegee Tribal Town.
#4 Cayuga Indian Nation v. # 12 Oneida Tribe of Wisconsin
All-Haudenosaunee quarterfinal! Cayuga took a narrow victory over the Big Lagoon Rancheria, with 58 percent of the vote. MHA Nation is taking some bad press lately, and the Wisconsin Oneidas wiped the floor with them, taking 77 percent of the vote.
#2 Sault Ste. Marie Tribe of Chippewa Indians v. #7 Gun Lake Tribe
All Michigan ‘Shinob quarterfinal. Sault Tribe took 64 percent of the vote over Fond du Lac, and I’m sure it’s not because of their sheer enrollment numbers. Or was it? Gun Lake, which took 2/3 of the vote from the Wind River Tribes, better hope not.
#3 Bay Mills Indian Community v. # 11 Lac Courte Oreilles and other Wisconsin treaty tribes
Bay Mills eked its way out of the first round with 51 percent of the vote over Cowlitz; apparently winning a Supreme Court case isn’t all that impressive compared to a win in federal district court. Huh.
Unlike Sault Tribe, enrollment numbers didn’t help Navajo, which lost handily to the Wisconsin treaty tribes, 63-37. Wisconsin’s not giving up on that treaty case, so stay tuned there.
Who Won Indian Law and Policy in 2014? First Round Bracket — 2 of 8
Here we go again (first bracket here):
# 2 Sault Ste. Marie Tribe of Chippewa Indians
Perhaps the most immediate beneficiary of the Bay Mills win in the Supreme Court, which persuaded the State of Michigan to seek another route to fighting Sault Tribe’s Lansing casino proposal. But not before Sault Tribe proposed two huge off-reservation casinos. Oh yeah, they won a $74 million contract case, too. Pretty good year.
v.
# 15 Fond du Lac Band of Lake Superior Ojibwe
Still embroiled in disputes (here and here) with the City of Duluth over the Fond du Luth Casino and related properties. Won one right before Christmas though.
# 7 Gun Lake Tribe
Seeding might be a little high; a little hometown bias. Anyway, who else got Congress to overturn a Supreme Court decision in 2014, hosted the Potawatomi Gathering, and is an overall, good citizen?
v.
# 10 Wind River Tribes
Lots of action this last year, what with Wyoming going berzerk over the EPA’s decision to let tribal agencies measure air quality, and with much internal strife. 2015 should be a real interesting year.
# 3 Bay Mills Indian Community
Well, they won a Supreme Court case. Not a whole lot else going on. Sault Tribe, as we noted, passed them in the seeding.
v.
# 14 Cowlitz Tribe
Along with Interior, won a big one over neighboring tribes who claimed Cowlitz is a tribe barred from eligibility for trust land acquisitions by Carcieri.
#6 Navajo Nation
How can Navajo be seeded so low? They’re arguably the most important tribe every year, right? Well, yes, but they took some hits this year, too. Lost a tribal civil jurisdiction case in the Ninth Circuit, lost (or did they concede) on whether New Mexico can transport tribal members off rez to take drug tests, is going through one of the ugliest tribal election disputes in recent memory, fighting off Hopi and enviro challenges to their energy generators, lost a big water rights case, suffered through an ugly internal fight over a tribal resources company, lost one in the D.C. Circuit, got some bad news on uranium pollution, and lost legendary code talker Chester Nez. On the other hand, Navajo settled a huge trust case with the feds, won one against HUD, won a big one in the Ninth Circuit on Navajo’s tribal preference in employment statute, and hosted Michigan and Michigan State law students over spring break.
All in all, no one beats Navajo on volume, but this one’s a mixed bag.
v.
# 11 Lac Courte Oreilles Band of Lake Superior Ojibwe (and other Wisconsin treaty tribes)
Won a huge treaty rights case in the Seventh Circuit (miigwetch Judge Posner) on the night deer hunting controversy.
Who Won Indian Law and Policy in 2014? First Round Bracket — 1 of 8
Alright, let’s try this.
In category 1, Indian nations, we’ll divide the bracket up into two, so you’ll be voting in four contests here. Four more later in the day. Let’s say you have until midnight eastern to vote.
***
#1 Alaska Native tribes
My overall number one seed, what with Congress repealing the Alaska exceptions from VAWA, Interior adopting a fee to trust rule, a big voting rights win, an important victory for tribal court jurisdiction, and another win on tribal governance matters. And perhaps the biggest is the Supreme Court’s denial of cert in Alaska v. Jewell, the subsistence hunting case. Alaska has Judge Voluck, too. The Alaska Supreme Court has been making things harder on the ICWA front however, here, here, and here, though perhaps the DOJ’s intervention in one case will make a difference, and the government’s effort to set the Alaska AG right is encouraging.
v.
# 16 Buena Vista Rancheria
The Buena Vista Rancheria of Me-Wuk Indians made a splash in federal court this year, winning one in the Supreme Court (well, a denial of cert) and losing one in the D.C. Circuit.
# 8 Omaha Tribe
The Omaha Tribe won a huge victory in the Eighth Circuit, which affirmed Judge Richard “Hercules” Kopf’s decision rejecting Nebraska’s effort to have the tribe’s reservation declared disestablished.
v.
# 9 Kialegee Tribal Town
The tribe won a big decision in the Tenth Circuit over its dispute with Oklahoma on the Broken Arrow Casino. A beneficiary of the massive Bay Mills win in the Supreme Court.
# 4 Cayuga Indian Nation
Cayuga won a big sovereign immunity decision in the Second Circuit, another beneficiary of the Bay Mills win in the Supreme Court. It wasn’t all pretty though, as tribal leadership disputes spill out in federal and state forums.
v.
# 13 Big Lagoon Rancheria
One of the few tribes to make the list by not really winning anything in 2014; in fact, losing a biggie in the Ninth Circuit. But the court granted en banc review, and oral argument looked pretty good for tribal interests. We’ll see.
# 5 Resource tribes
Well, Interior announced that resource extraction royalties they collected reached over $1 Billion in a single year for the first time. But fracking is bad for the environment, the MHA Nation is overrun with corruption and human trafficking, and oil prices are down 33 percent. Hope they’re saving their money. Oh wait, they’re not. I guess this one is really about the MHA Nation, so let’s make that change now.
The real # 5, MHA Nation
v.
# 12 Sault Ste. Marie Tribe of Chippewa Indians
Perhaps the most immediate beneficiary of the Bay Mills win in the Supreme Court, which persuaded the State of Michigan to seek another route to fighting Sault Tribe’s Lansing casino proposal. But not before Sault Tribe proposed two huge off-reservation casinos. Oh yeah, they won a $74 million contract case, too. Pretty good year. Ok, that persuades me, Sault Tribe’s seeding just jumped from 12 to 2 and knocks down BMIC, who actually won a SCT case this year.
The real # 12, Oneida Indian Tribe of Wisconsin
They earned a huge cert denial in their long-running fight with the Village of Hobart. And they filed an important amicus brief in the Stockbridge-Munsee cert petition.
Gatzaros v. Sault Ste. Marie Tribe of Chippewa Indians Cert Petition
Here:
Questions presented:
1. Whether the Majority Opinion of the United States Court of Appeals for the Sixth Circuit conflicts with the decisions of this Supreme Court and other Circuit Courts of Appeals, thereby changing the well-established rules of contract construction which require specific contract provisions govern over general provisions to resolve disputes caused by two conflicting contract provisions?
2. Whether the Majority Opinion is in direct conflict with the decisions of this Supreme Court, other Circuit Courts of Appeals and the fundamental rules of contract construction which require the application of extrinsic evidence when there is an ambiguity caused by conflicting contractual language?3. Whether the Majority Opinion, in upholding the judicial rewriting of paragraph 8 of the Guaranty, is in direct conflict with the decisions of this Supreme Court and the other Circuit Courts of Appeals which have held the courts must give effect to contracts as written by the parties, and cannot rewrite them?4. Whether the Majority’s failure to find the Respondents waived their contract defenses contradicts established case law in the other Circuit Courts of Appeals that a guaranty is a contract which must be enforced as written?
5. Whether the Majority’s Opinion conflicts with the well-settled standard for reviewing a Motion to Dismiss under Fed.Civ. R. 12(b)(6) when it failed to view the facts in the light most favorable to the Petitioners or accept their well-pled allegations?
Lower court materials here.
Federal Bankruptcy Court Holds Congress Abrogated Tribal Immunity in Bankruptcy Act
Here are the materials in In re Greektown Holdings LLC (E.D. Mich. Bkrcy.):
453 SSM Renewed Motion to Dismiss
An excerpt:
In sum, although Indian tribes have a “thumb on the interpretive scale” tending to tip the balance in their favor in the event of an ambiguity or lack of clarity, that does not come into play because, in this Court’s view, Congress sufficiently, clearly, and unequivocally intended to abrogate their sovereign immunity in the subject statute.
Turtle Talk 
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