Ninth Circuit Panel Grants Rehearing in Knighton v. Cedarville Rancheria

Maybe this is nothing, but this is a little bit WEIRD . . . in that the Ninth Circuit’s opinions webpage links to an order granting rehearing (here) but there was no response brief docketed AND there is nothing on the court’s docket sheet indicating the petition was granted.

Here is the petition BTW:

Knighton Petition for Rehearing

Panel materials here.

 

Federal Court Excuses Insurance Company from Tribal Court Jurisdiction

Here are the materials in Employers Mutual Casualty Company v. Branch (D. Ariz.):

1 Complaint

1-2 Coconino County Court Materials

15 EMCC MSJ

22 Navajo MSJ

25 EMCC Reply

28 Navajo Reply

32 DCT Order

Materials in Pacheco v. Geisen [Kewa Pueblo; ICRA Habeas]

Here are the materials in Pacheco v. Geisen (D.N.M.):

1 Habeas Petition

15 Amended Petition

20 answer

22 Petitioner’s Response

25 Reply

28 Petitioner’s Surreply

30 Magistrate Order on 20

31 Order to Show Cause

34 Petitioner’s Response to 31

45 Order to Show Cause

47 Magistrate Report

48 DCT Order

Grocery Store Prevails in Defense of Tort Suit Arising on Navajo Lands

Here are the materials in Morris v. Giant Four Corners Inc. (D.N.M.):

1 Notice of Removal

1-1 State Court Compleint

38 Giant Motion to Dismiss or Stay Pending Exhaustion

41 Response

44 Reply in Support of 38

64 DCT Order Denying 38

79 DCT Order on Negligent Entrustment

90 Giant Motion for Judgment on Pleadings

91 Giant Motion to Compel Election of Remedies or Dismiss

98 Response to 91

99 Response to 90

101 Reply in Support of 90

103 Reply in Support of 91

112 DCT Order

Ninth Circuit Decision in Knighton v. Cedarville Rancheria

Here is the opinion in Knighton v. Cedarville Rancheria of Northern Paiute Indians.

Briefs here.

Wilson v. Horton’s Towing Cert Petition [Montana; Exhaustion; Civil Forfeiture]

Here:

Cert Petition

Questions presented:

1. Does an Indian Tribe have authority under the second exception of Montana v. United States, 450 U.S. 544 (1981), to forfeit automobiles owned by non Native Americans for violation of tribal drug laws while on tribal land?

2. If so, does the Tribe have authority to seize a motor vehicle off reservation if it has probable cause to believe that the automobile previously contained illegal drugs while on tribal lands?

Lower court materials here.

Eighth Circuit Decides Stanko v. Oglala Sioux Tribe

Here is the opinion.

Briefs here.

Federal Court Orders Exhaustion in Suit against Tribal Corporation

Here are the materials in World Fuel Services Inc. v. Nambe Pueblo Development Corporation (D. N.M.):

1 complaint

15 motion to dismiss

22 response

27 reply

32 dct order

Ninth Circuit Materials in Knighton v. Cedarville Rancheria

Here:

Opening Brief

Tribe Answer Brief

Reply

Oral argument video here.

Lower court materials here.

Federal Court Orders Exhaustion of Tribal Remedies in Yerington Paiute Mine Torts Case

Here are the materials in BP America v. Yerington Paiute Tribe (D. Nev.):

37 Amended Complaint

38 Amended Motion for PI

41 Tribal Judge MTD

42 Tribal Judge Response to 38

51 Tribe MTD

52 Tribe Response to 38

53-1 Tribal Court MTD

54 Tribal Court Reponse to 38

59 Plaintiffs Consolidated Response

61 Reply in Support of 38

62 Reply in Support of 41

63 Tribal Court Reply in Support of 53

64 Tribe Reply in Support of 51

78 DCT Order Dismissing 37

80 Plaintiff Motion to Amend Judgment

82 Tribal Judge Response to 80

85 Tribe Response to 80

88 Reply in Support of 80

91 DCT Order

Prior post here.