Quechan Tribe and Rosette Firm Largely Prevail against Williams & Cochrane Firm

First, we want to express our deepest sympathy to the family and colleagues of Rob Rosette, who recently walked on far too young. Rob’s impact on Indian country and the practice of Indian law cannot be understated. He was a true giant in the field. Over the years, Rob and his firm hired many of our alums from Michigan State’s Indigenous Law and Policy Center, and for that we are grateful. He will be missed.

Here are the newest materials in Williams & Cochrane LLP v. Quechan Tribe of the Fort Yuma Reservation (S.D. Cal.):

322-1 Rosette MSJ

328-1 W&C MSJ against Rosette

329-1 Quechan MSJ

330-1 W&C MSJ against Quechan

343 Rosette Response to 328

347 Quechan Response to 330

348 W&C Response to 322

349 W&C Response to 329

350 Rosette Reply in Support of 322

352 W&C Reply in Support of 328

353 Quechan Reply in Support of 329

354 W&C Reply in Support of 330

375 DCT Order on Summary Judgment Motions

Prior post here.

Lac Du Flambeau Ojibwe Cert Petition in Bankruptcy Act/Sovereign Immunity Case

Here is the petition in Lac du Flambeau Band of Lake Superior Chippewa Indians v. Coughlin:

Question presented:

Whether the Bankruptcy Code expresses unequivocally Congress’s intent to abrogate the sovereign immunity of Indian tribes.

Lower court materials here.

Cert Stage Materials in Lopez v. Quaempts

Here:

Questions presented:

  1. Whether this Court, to allow for more complete state court tort remedies against individual tribal employees, as indicated in Lewis v. Clarke, 137 S. Ct. 1285 (2017), should clarify existing tribal sovereign immunity law to allow tort vic- tims to sue a tribe based on vicarious lia- bility when a tribe ratifies individual tribal employees’ actions giving rise to the state tort claims.
  2. Whether the lower court’s refusal to rec- ognize a tribe’s ratification of tribal em- ployees’ allegedly tortious acts, as an express waiver of sovereign immunity im- permissibly interferes with states’ rights to award remedies to tort victims.

Lower court materials here.

Goony

Michigan Federal Court Dismisses Sault Tribe Casinos’ Effort to Block State Court Contract Claims Initiated by Casino Development Corp.

Here are the materials in Kewadin Casinos Gaming Authority v. Draganchuk (W.D. Mich.):

After an ugly loss like this (it’s never good when the judge says you “blatantly misstate[d]” the law), maybe it’s time for a Fat Bastard burger from the Wicked Sister in the Sault. (It’s an unsolicited, unpaid ad — I just love this description. . . .)

Prior post here.

Materials on Kewadin’s failed effort to remove the state court claims to federal court here.

Law360 piece on state court sanctions issued against the tribe.

Washington COA Rejects Nooksack Disenrollees’ Tort Claims arising from Eviction

Here are the materials in Rabang v. Gilliland:

California Federal Court Rebuffs Coyote Valley Effort to Stop State Court Contract Dispute

Here are the updated materials in Coyote Band of Pomo Indians v. Findleton (N.D. Cal.):

Prior post here.

Ninth Circuit Orders Chickasaw Nation to Arbitration with Pharmacy Benefits Manager

Here is the opinion in Caremark LLC v. Chickasaw Nation.

Briefs:

Lower court materials here.

Connecticut Court Dismiss Contract Suit against Mohegan Tribe

Here are the materials in Drabik v. Thomas (Conn. Super.):

Idaho Federal Court Enjoins Coeur d’Alene Tribe from Evicting Lumber Company

Here are the materials so far in Stimson Lumber Co. v. Coeur d’Alene Tribe (D. Idaho):


Skitswish family, the Wildshoes pose in their Chalmers convertible, Idaho, 1910