Winnemucca Factional Dispute — Bank of America v. Bills

The District Court in Bank of America v. Bills (and Wasson) sided with the Wasson faction in this matter to determine who had authority to access the Winnemucca bank accounts.

Here are the materials:

DCT Order

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Nooksack Drug Testing Challenge

From the Bellingham Herald:

Four members of the Nooksack Indian Tribe have filed suit in tribal court, challenging an election ordinance that requires tribal council candidates to pass a drug test before they can get on the ballot.

Charlotte Geleynse had hoped to be on the ballot for the March 15 election as a member of the “It’s Our Future” slate advocating sweeping change to tribal governance, but she refused to submit to the test.

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Iowa Supreme Court Orders Transfer of Indian Child Case to Sac and Fox Tribal Court

Here is the opinion In the Interest of N.V.

And a news article about the decision from the Des Moines Register. An excerpt:

The Iowa Supreme Court said Friday the custody of two children whose parents had been in jail may be transferred to the tribal court of the Sac and Fox Tribe.

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MacArthur v. San Juan County Materials

The materials on MacArthur v. San Juan County (No. 07-701) are here. The petition is set for the Court’s conference on Feb. 15.

Tenth Circuit Opinion

Cert Petition

Cert Opp

Reply

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Dissent at Little River

From the Ludington Daily News:

Tribal office picketed

Some members voice displeasure with tribal council

Thursday, January 17, 2008

MANISTEE — Several members of the Little River Band of Ottawa Indians carried signs and spoke against the tribal council outside the tribe’s offices Wednesday morning.

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Makah Tribal Court Whaling Trial Delayed

From Indianz:

Makah Nation delays trial for unauthorized hunt

Monday, January 21, 2008

The Makah Nation of Washington has delayed a trial for five members accused of an illegal whale hunt.

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Navajo Gaming Loan Threatened

We blogged previously about the lawsuit filed in Navajo tribal court over the proposed Navajo gaming loan. It turns out the lawsuit was successful in apparently causing the lender to change the terms of the deal (H/T Indianz). This is an interesting development and probably not a welcome one from the perspective of gaming tribes. If tribal court lawsuits challenging the terms of a gaming-related loan, or in this case the authority of the Navajo legislature to approve the loan, are successful in any area, my guess is the price for loans will go up everywhere.

Update: No suit has been filed in the Navajo Nation courts.  The 30 day waiting period required by the Navajo Sovereign Immunity Act (the title doesn’t use “Nation”) just expired and we were preparing to file suit.  There has been no public announcement, but there are rumors to the effect that the notice of suit stopped the loan.  They are now looking at other sources of funding for the casino, such as a trust fund set aside for acquiring land.

From Indianz:

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Plains Commerce Bank v. Long Family Land & Cattle Co. Materials — Additional Update

Here is the entire set of Plains Commerce Bank v. Long Family Land and Cattle Co. materials, with the addition of two tribal court lower court orders:

ETA: Final SCOTUS decision has been added to this post as well.

Tribal Court Denial of Bank’s Motion for Summary Judgment

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Commentary on the Plains Commerce Bank Cert Grant

The Supreme Court’s decision to grant certiorari in Plains Commerce Bank v. Long Family Land & Cattle Co. surprised me a great deal. It proves, I think, that Indian law scholars and practitioners cannot claim to predict how the Supreme Court is going to act (no big surprise there, given how few Indians or Indian lawyers have clerked for the Court), but I also think it shows that the so-called Supreme Court bar can miss one every now and then [SCOTUSBlog’s Petitions to Watch seemed to miss this one].

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Saginaw Chippewa Banishments

From the Mt. Pleasant Morning Sun:

Tribe banishes four

The Saginaw Chippewa Indian Tribe has begun using a very old method of dealing with problems in a new way: invoking the ancient tribal practice of banishing troublemakers from tribal lands.

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