Split Tenth Circuit Rules in Ute Indian Tribe v. Lawrence

Here. An excerpt describing the holding:

This appeal marks the latest chapter in a long-running contract dispute between the Ute Indian Tribe of the Uintah and Ouray Reservation (the Tribe) and Lynn Becker, a non-Indian. The contract concerned Becker’s work marketing and developing the Tribe’s mineral resources on the Ute reservation. Almost seven years ago, Becker sued the Tribe in Utah state court for allegedly breaching the contract by failing to pay him a percentage of certain revenue the Tribe received from its mineral holdings. Later, the Tribe filed this lawsuit, challenging the state court’s subject matter jurisdiction under federal law. The district court denied the Tribe’s motion for a preliminary injunction against the state-court proceedings, and the Tribe appeals.
We reverse and hold that the Tribe is entitled to injunctive relief. The district court’s factual findings establish that Becker’s state-court claims arose on the reservation because no substantial part of the conduct supporting them occurred elsewhere. And because the claims arose on the reservation, the state court lacks subject-matter jurisdiction absent congressional authorization.

Briefs here.

Denezpi v. United States Background Materials

Merits Stage Materials

Cert Stage Materials

Cert Petition


United States’ Brief in Opposition

Tenth Circuit Materials

United States v Denezpi Tenth Circuit Opinion

Denezpi Opening Brief

US Answer Brief

Reply Brief

District Court Materials

1 Indictment

1-1 Criminal Information Sheet

14 DCT Detention Order

29 Denezpi Motion to Dismiss

29-1 CFR Pleadings

30 US Response

31 Reply

31-1 CFR Court Forms

32 DCT Order Denying Motion to Dismiss on Double Jeopardy Grounds

Federal Court Declines (again) to Apply Equitable Defenses re: Osage Mineral Council

Here are updated materials in United States v. Osage Wind LLC (N.D. Okla.):

219 Amended DCT Order

229 Motion for Reconsideration

234 Osage Wind Response

235 US Response

244 Reply to Osage Wind

245 Reply to US

264 DCT Order Denying Reconsideration

Prior post here.

Tenth Circuit Orders Tribal Court Exhaustion in Ute Dispute with Former Contractor

Here is the opinion in Becker v. Ute Indian Tribe.


Ute Opening Brief

Becker Brief

Lawrence Brief

Ute Reply

Lower court order here:

136 DCT Order in 16-579

Briefs in a related appeal, No. 18-4013, are here:

Ute Opening Brief 18-4013

Lawrence Brief 18-4013

Becker Brief 18-4013

Other posts on these matters here.

Denezpi v. United States — Cert Petition re: CFR Courts as Federal Courts

Here is the petition and appendix:

Cert Petition


Lower court materials here.

Question presented:

Is the Court of Indian Offenses of Ute Mountain Ute Agency a federal agency such that Merle Denezpi’s conviction in that court barred his subsequent prosecution in a United States District Court for a crime arising out of the same incident?


Federal Opposition Brief