Here is the order in Jones v. Lummi (W.D. Wash.):
DCT Order on Tribal Court Exhaustion
An earlier order in this matter is here.
Here is the order in Jones v. Lummi (W.D. Wash.):
DCT Order on Tribal Court Exhaustion
An earlier order in this matter is here.
Here is the opinion and materials in Miller v. Wright.
The court’s syllabus:
Affirming the district court’s dismissal of an antitrust action brought by cigarette vendors challenging taxes imposed by virtue of the authority vested in an Indian tribe, the panel held that the district court lacked subject matter jurisdiction in light of the tribe’s sovereign immunity. The panel held that the tribe did not implicitly waive its sovereign immunity by agreeing to dispute resolution procedures nor by ceding its authority to Washington State when entering into a cigarette tax contract. The panel also held that federal antitrust law did not explicitly abrogate tribal immunity, and the Sherman Antitrust Act was not a law of general applicability vis-a-vis the tribe. The panel held that tribal officials were protected by the tribe’s sovereign immunity because they acted pursuant to the tribe’s authority. The panel also affirmed the district court’s alternative ruling that the action was barred by res judicata in light of prior litigation in state and tribal courts.
Here are the briefs:
Lower court materials here.
Here are the materials in Jones v. Lummi Tribal Court (W.D. Wash.):
Jones Habeas Petition Memorandum
Jones Reponse to Show Cause Order
R&R Recommending Jones Complaint Dismissal
DCT Order Dismissing Jones Complaint
Here are the materials in United States v. Washington, subproceeding 11-02 (W.D. Wash.):
Here are the materials in Wilbur v. Makah Tribal Court (W.D. Wash.):
Here are the materials in Rivera v. Puyallup Tribe of Indians (W.D. Wash.):
News coverage here.
Here are the federal materials in Nooksack Indian Tribe v. Outsource Services Management, LLC (W.D. Wash.):
Nooksack First Amended Complaint
Here are the state appellate court briefs in Outsource Services Management v. Nooksack Business Corporation (Wash. App.):
Here are the materials in Matheson v. Smith (W.D. Wash.):
Here are the additional materials in Wild Fish Conservancy v. National Park Service (W.D. Wash.):
34 Fed Defs’ Reply in Support ofMot to Dismiss FILED 5-4-2012
34-1 Fed Defs’ Ex 7 FILED 5-4-2012
35 Elwha Defs’ Reply in Supportof Mot to Dismiss FILED 5-4-2012
37 Pls’ Surreply to Feds’ Reply re Motion for Partial Dismissal FILED 5-9-2012
Here is the complaint in Kriedler v. Mainstay Business Solutions (W.D. Wash.):
An excerpt: Continue reading
You must be logged in to post a comment.