Here: Osage Petition for Rehearing
Earlier materials are here.
Tenth Circuit
Tenth Circuit Holds that ERISA Applies Retroactively to Indian Tribes
At issue in Dobbs v. Anthem BCBS is whether 2006 Amendments to ERISA that incorporate Indian tribal government retirement plans apply retroactively to the Southern Ute Tribe plan. The CA10 remanded to determine whether Southern Ute’s plan is a “governmental plan.”
Here are the materials:
Tenth Circuit Rejects RFRA Claim re: Autopsy of American Indian
Opinion in Ross v. Board of Regents for the University of New Mexico here:
Appellate Briefing in Ute Mountain Tribe v. Homans in Tenth Circuit
Stewart v. Coffey — Tribal Gaming Employment Claims Dismissed
Here is the unpublished opinion by the Tenth Circuit, rejecting wrongful discharge claims under federal statutes and under Bivens, and affirming tribal immunity.
Here is the tribal brief: Comanche Brief.
Tenth Circuit Upholds Uranium Mining Leases in Navajo Indian Country
Tenth Circuit Finds Osage Nation Reservation Diminished in Tax Case
Opinion here: Osage Nation v. Kemp, 09-5050 (March 5, 2010)
Briefs here.
Tenth Circuit Reverses Refund Judgment against HUD
The case is Fort Peck Housing Authority v. HUD, and it’s unpublished (again, not sure why cases like these go unpublished).
An excerpt:
This case involves the Native American Housing Assistance and Self- Determination Act of 1996 (NAHASDA), 25 U.S.C. §§ 4101-4243.1 In that act Congress directed the Department of Housing and Urban Development (HUD) to enter into a collaborative process with interested Native American tribes and their designated housing entities (Tribal Housing Entities) to adopt regulations providing for an annual, equitable distribution of available funds for low-income housing assistance. A regulation promulgated in 1998 disqualified funding for housing units which were no longer owned or operated by a Tribal Housing Entity. 24 C.F.R. § 1000.318. In subsequent years HUD mistakenly overpaid Fort Peck Housing Authority (Fort Peck) for dwelling units it no longer owned or operated. After discovering its oversight HUD demanded a refund. Fort Peck partially repaid HUD, but then sued, alleging the “owned or operated” regulation was invalid. The district court agreed but determined Fort Peck was not entitled to a return of all monies it had already refunded. HUD appealed from the court’s invalidation of its regulation and Fort Peck cross-appealed from the denial of return of its repayments. We reverse the invalidation of HUD’s regulation, dismiss Fort Peck’s cross-appeal, and remand.
Tenth Circuit Briefing in Muscogee (Creek) Nation Tribal Court Jurisdiction Case
[Links have been restored, May 28, 2010.]
Crowe & Dunlevy, P.C. v. Stidham, Appellant
Lower court order is here.
Tenth Circuit Seeks to Conclude San Juan County Dispute
Here is the latest and perhaps last in Dickson v. San Juan County from the Tenth Circuit. Materials are here.
An excerpt:
Plaintiffs-Appellants Dickson, Riggs and Singer (hereafter “Appellants”) appeal from the district court’s order denying their motion for relief from this court’s final judgment. The district court ruled that the law-of-the-case doctrine prohibited it from considering Appellants’ new legal theories that a Navajo Nation tribal court had subject-matter jurisdiction over defendants, notwithstanding this court’s decision to the contrary. The court’s order also granted defendants’ motion to enjoin Appellants from initiating any further proceedings against them. We affirm.
Plaintiffs-Appellants Dickson, Riggs and Singer (hereafter “Appellants”)appeal from the district court’s order denying their motion for relief from thiscourt’s final judgment. The district court ruled that the law-of-the-case doctrineprohibited it from considering Appellants’ new legal theories that a NavajoNation tribal court had subject-matter jurisdiction over defendants,notwithstanding this court’s decision to the contrary. The court’s order alsogranted defendants’ motion to enjoin Appellants from initiating any furtherproceedings against them. We affirm.
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