Tenth Circuit

Here is the petition captioned Comanche Nation of Oklahoma v. Zinke [but presumably will switch to Comanche Nation of Oklahoma v. Bernhardt]:

Companche v Zinke Cert Petition

Question presented:

Whether the “former reservation” exception permitting lands acquired by the United States in trust for an Oklahoma Tribe after the effective date of the Indian Gaming Regulatory Act of 1988 to be devoted to gaming purposes, is applicable to lands not subject to Tribal jurisdiction prior to the acquisition.

Lower court materials here.

Tenth Circuit Affirms Conviction and Sentence for Marijuana Possession on Indian Casino Property

March 11, 2019March 11, 2019Matthew L.M. Fletcher

Here is the unpublished opinion in United States v. Bullcoming.

McNeal v. Navajo Nation Cert Petition

January 16, 2019March 15, 2019Matthew L.M. Fletcher

Here:

cert-petition-2.pdf

Question presented:

Whether the Tenth Circuit panel violated the current jurisprudence of this Court and the Congressional policy underlying IGRA by precluding the Nation from exercising its sovereign authority to permit a patron’s tort claim against the Nation and its gaming facility to be brought in state court without express congressional permission.

Lower court materials here.

UPDATE (3/14/19):

Navajo BIO

Tenth Circuit Decides Davilla v. Enable Midstream Partners

January 11, 2019Matthew L.M. Fletcher

Here is the opinion in Davilla v. Enable Midstream Partners.

Briefs:

appellant brief

appellee brief

Lower court materials here and here.

Tenth Circuit Denies En Banc Petition in Enable Oklahoma Intrastate Transmission LLC v. A 25 Foot Wide Easement

December 19, 2018Matthew L.M. Fletcher

Here are the materials:

En Banc petition

Unopposed Motion for Atty Fees

Order Denying En Banc Petition

Order Granting Atty Fees

Tenth Circuit Decides Comanche Nation v. Zinke [Chickasaw Trust Land Acquisition]

December 14, 2018Matthew L.M. Fletcher

Here is the unpublished order.

Briefs here.

Lower court materials here.

Tenth Circuit Briefs in Caddo Nation of Oklahoma v. Wichita and Affiliated Tribes II

December 11, 2018Matthew L.M. Fletcher

Here:

Appellant Brief

Response Brief

Case tag here.

Tenth Circuit Affirms Enable Oklahoma Intrastate Transmission LLC v. A 25 Foot Wide Easement

November 16, 2018Matthew L.M. Fletcher

Here is the opinion. An excerpt:

Plaintiff Enable Oklahoma Intrastate Transmission, LLC, appeals the district court’s dismissal of its case for lack of subject matter jurisdiction and for failure to join an indispensable party. Enable also challenges the amount of attorney fees the court awarded to the landowner defendants. Because our decision in Public Service Company of New Mexico v. Barboan, 857 F.3d 1101 (10th Cir. 2017), is dispositive of the subject matter jurisdiction issue, we affirm the district court’s order dismissing the action. We likewise affirm the attorney fees award as consistent with Oklahoma law.

Briefs and lower court materials here.