Federal Court Stays ICRA Habeas re: ICW Matter Pending Exhaustion of Tribal Court Remedies

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.

Ninth Circuit Affirms Tribal Immunity from Antitrust Claims relating to Tribal Tax Agreement

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:

Miller Opening Brief

Puyallup Answer Brief

Miller Reply Brief

Lower court materials here.

ICRA Habeas Claim re: Lummi ICW Case Dismissed

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

 

Klallam Tribes Win Fishing Territory Rights Case against Lummi Nation

Here are the materials in United States v. Washington, subproceeding 11-02 (W.D. Wash.):

Klallam Tribes Motion

Lummi Response

Klallam Tribes Reply

DCT Order in subproceeding 11-02

ICRA Habeas Challenge to Makah Banishment Order Dismissed

Here are the materials in Wilbur v. Makah Tribal Court (W.D. Wash.):

DCT Order Dismissing Wilbur Claims

Makah Motion to Dismiss

Wilbur Response

Makah Reply

ICRA Suit (Employment) against Puyallup Dismissed by Federal Court

Here are the materials in Rivera v. Puyallup Tribe of Indians (W.D. Wash.):

DCT Order Dismissing Rivera Complaint

Puyallup Motion to Dismiss

Rivera Response

Puyallup Reply

Materials in Nooksack’s Dispute with Casino Lender: $39 Million in Loans at Issue

News coverage here.

Here are the federal materials in Nooksack Indian Tribe v. Outsource Services Management, LLC (W.D. Wash.):

Nooksack First Amended Complaint

Nooksack Motion for PI

OSM Response to Motion for PI

Nooksack Reply

OSM Motion to Dismiss

Here are the state appellate court briefs in Outsource Services Management v. Nooksack Business Corporation (Wash. App.):

Federal Court Dismisses Effort by Puyallup Woman to Avoid State Wholesale Cigarette Taxes

Here are the materials in Matheson v. Smith (W.D. Wash.):

DCT Order Dismissing Matheson Complaint

Matheson Motion for PI

State Motion to Dismiss

Update in Lower Elwha Fish Hatchery Suit

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

Prior posts were here and here and here.

Blue Lake Rancheria Business Entity Sued by Washington Insurance Commissioner

Here is the complaint in Kriedler v. Mainstay Business Solutions (W.D. Wash.):

Kriedler Complaint

An excerpt: Continue reading