Opening Second Circuit Brief in Appeal of Cayuga Immunity from Tax Foreclosure

Here is Seneca County’s opening brief:

Seneca County Opening Brief

Lower court materials are here.

California Appellate Briefs in Employment Discrimination Suit against Morongo Casino Resort & Spa

Here are the materials in Chavez v. Morongo Casino Resort & Spa (Cal. App. 4th):

Chavez Opening Brief

Morongo Answer Brief

KG Urban Amends Complaint

Here:

KG Urban Amended Complaint

News coverage here.

The Indian preference part is still there.

Federal Court Denies Navajo Rule 19 Motion in Diné CARE v. US Office of Surface Mining Reclamation

Here is the order:

DCT Order Denying Navajo Motion to Dismiss

Briefs are here.

Tribal Court Materials in Yakama v. State of Washington — Fuel Tax Dispute

Here:

Yakama v Haight Tribal Court Complaint (USDC)

Yakama v Haight Tribal Court TRO (USDC)

Yakama v Haight Tribal Court TRO Motion (USDC)

Related federal court materials are here.

Updated Materials in Miccosukee v. Cypress

Here are motions to dismiss Miccosukee Second Amended Complaint:

Billy Cypress Motion to Dismiss

Dexter Lehtinen Motion to Dismiss

Guy Lewis and Michael Tein Motion to Dismiss

Julio Martinez Motion to Dismiss

Miguel Hernandez Motion to Dismiss

Washington v. Yakama Tribal Court — Dispute over Tribal-State Fuel Tax Agreement

Here are the materials in State of Washington v. Yakama Nation Tribal Court (E.D. Wash.):

Washington Complaint

Washington Motion for PI

Yakama Cross Motion

News coverage here.

Second Circuit Briefs in Gambling Addict’s Suit against Foxwoods

Here are the briefs in Tassone v. Foxwoods Resort Casino:

Tassone Brief

Foxwoods Brief

Qui Tam Action against Duck Valley Shoshone Paiute Tribes Dismissed

Here is the order in United States ex rel. Howard v. Shoshone Paiute Tribes (D. Nev.):

2012-12-27 Order Dismissing Case

Briefs are here.

D.C. Circuit Reverses Dismissal of Cherokee Freedmen Suit against Cherokee Officials

Here is today’s opinion in Vann v. Dept. of Interior: CADC Opinion

An excerpt:

Applying the precedents that permit suits against government officials in their official capacities, we conclude that this suit may proceed against the Principal Chief in his official capacity, without the Cherokee Nation itself as a party.
The Freedmen have sued the Principal Chief in his official capacity under the doctrine of Ex parte Young, 209 U.S. 123. The Ex parte Young doctrine allows suits for declaratory and injunctive relief against government officials in their official capacities – notwithstanding the sovereign immunity possessed by the government itself. The Ex parte Young doctrine applies to Indian tribes as well. Cf. Oklahoma Tax Commission, 498 U.S. at 514; see generally Larson, 337 U.S. at 689-92; RICHARD H. FALLON, JR., DANIEL J. MELTZER & DAVID L. SHAPIRO, HART AND WECHSLER’S THE FEDERAL COURTS AND THE FEDERAL SYSTEM 958-60 (5th ed. 2003).

Briefs are here.