Federal Court Remands Tribal Gaming Lease Dispute to State Court

Here is the order in Apache Tribe of Oklahoma v. TGS Anadarko (W.D. Okla.):

DCT Order Remanding to State Court

Prior materials were here.

Materials in Tribal Immunity Dispute Involving Apache Tribe of Oklahoma

This disputes arises out of an alleged breach of a gaming machine lease agreement, and an alleged waiver of tribal immunity needed to enforce the agreement. Currently, the Tribe’s motion to remand the case back to state court is pending.

Here are the materials so far in Apache Tribe of Oklahoma v. TGS Anadarko (W.D. Okla.):

Wells Fargo Notice of Removal

Apache Tribe Motion to Remand

TGS Anadarko Opposition

Apache Tribe Reply

And here are the related state court materials:

Apache Tribe Complaint

Apache Tribe Application for Stay of Arbitration

TGS Anadarko Motion to Transfer Venue

Tribal Member Effort to Remove Cigarette Tax Case to Federal Court Remanded to State Court

Here are the materials in People v. Huber (N.D. Cal.):

Huber Remand Order

Cal. Motion to Remand

Huber Opposition to Remand Motion

Cal. Reply

Should’ve read this, first: Kaighn Smith, Jr., Federal Courts, State Power, and Indian Tribes: Confronting the Well-Pleaded Complaint Rule, 35 N.M. L. Rev. 1 (2005) (email me if you want a copy).

No Federal Court Jurisdiction over Property Dispute with Poarch Band Creek

Here is the opinion in TP Johnson Holdings v. Poarch Band of Creek Indians. And the PCI motion to dismiss (apparently unopposed) — PCI Motion to Dismiss

An excerpt:

In this case, the amended complaint makes no reference to federal law; it is entirely premised on state-law claims to quiet title and for ejectment and trespass (Doc. # 5, PP 11-27). In the ordinary case, it would thus be clear that there was no basis for federal question jurisdiction. The Johnson Land Owners claim, however, that jurisdiction nonetheless exists. They point to a Supreme Court case adjudicating Indian land claims and stating that “[w]ith the adoption of the Constitution, Indian relations became the exclusive province of federal law.” Oneida County, N.Y. v. Oneida Nation of N.Y. State, 470 U.S. 226, 234 (1985) (Oneida County II). In citing these passages, the Johnson Land Owners urge the court to adopt a broad rule that any case that has an Indian tribe as a party and concerns a land dispute is subject to federal jurisdiction. (Doc. # 5, P 3). The Johnson Land Owners also argue that, if the Tribe’s asserted sovereign immunity defense is valid, Congress has “abrogated” the Fifth Amendment with respect to their rights, thus creating a federal question (Doc. # 5, P 4). Finally, they assert that Section 1362, combined with an 1866 treaty to which the Creek Indians were party, indicate that there is federal jurisdiction in this case (Doc. # 5, P 5).

Well-Pleaded Complaint Rule in Native Tobacco Wholesaler Case

The case is Idaho v. Native Wholesale Supply, out of the District of Idaho. The district court remanded the case back to state court.

dct-order-remanding-to-state-court

native-wholesale-motion-to-dismiss

idaho-motion-to-remand

nws-opposition-to-motion-to-remand

idaho-reply-brief

Oklahoma v. Native Wholesale Supply: Smokeshop Case Remanded to State Court

The Western District of Oklahoma granted the State of Oklahoma’s motion to remand an Indian taxation case back to state court after the tribally owned business removed the case to federal court. Ah, the well-pleaded complaint rule, not one of my favorites.

native-wholesale-supply-notice-of-removal

edmunson-motion-to-remand

native-wholesale-supply-opposition-to-motion

edmunson-reply

edmonson-v-native-wholesale-supply-dct-order