Here is the arbitrator’s ruling:
Prior posts on this case are here and here and here and here and here.
tribal sovereign immunity
Challenge to Colville State Tax Agreement Dismissed
Here are the materials in Tonasket v. Sargent (W.D. Wash.):
Seventh Circuit Declines En Banc Review Petition Files in Wells Fargo v. Lake of the Torches EDC
Arizona Appeals Court Declines to Dismiss Appeal of Non-Indian Party Suing Yavapai-Apache
Strange little case, unpublished in the Arizona Reporter, and captioned MM&A Prods., LLC v. Tang.
The court previously held that the underlying contract claim against the Yavapai-Apache Nation should be dismissed. But the plaintiffs keep coming: Continue reading
Materials in ERTC v. Los Coyotes: Eviction of Military Training Center
In a case AK reported last weekend, here are the materials in ERTC LLC v. Los Coyotes Band of Cahuilla and Cupeno Indians (S.D. Cal.):
DCT Order Denying TRO against Los Coyotes
And another motion pending:
More Bad Press on Tribal Payday Lending Companies
Two points on payday lenders that should be apparent by now:
1. Read the Nebraska Supreme Court decision in StoreVisions v. Omaha Tribe, where the court held that tribal immunity was waived where the tribal chair and vice chair signed a waiver document (without constitutional authority to waive immunity) in the presence of other council members, and which the court held the presence of the other council members was sufficient to waive tribal immunity. Courts will find a way to find a waiver.
2. Read David Fredericks’ rendition (pp.217-18) of the oral argument before the U.S. Supreme Court in C&L Enters. v. Citizen Potawatomi, where the Court directly asked the CPN attorney about the way tribes view immunity, and the deeply off-put reaction from the Court by the answer. In fact, here is that exchange (well worth the read):
Challenge to Colville Membership Decision Dismissed by Federal Court
Here are the materials in Desautel v. Dupris (E.D. Wash.):
Omaha Tribe v. StoreVisions Cert Petition
Filed yesterday, I’m told:
Question presented:
Is apparent authority sufficient to bind an Indian tribe to a waiver of the tribe’s federally protected sovereign immunity, when the purported waiver is executed by a tribal official acting outside the scope of his actual authority?
Lower court materials are here.
Federal Court Denies Injunction Requested by Gas Station Opposing Tribal Gas Prices
Here are the materials in Salton Sea Venture, Inc. v. Ramsey (S.D. Cal.):
Ninth Circuit Dismisses James Parks’ Discrimination Complaint against Tulalip
Here is the unpublished opinion in Parks v. Tulalip Casino Resort.
Lower court materials are here.
Turtle Talk 
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