Monthly Archives: November 2009
Little River Band of Ottawa Indians’ Summary Judgment Motion against NLRB
Previous materials are here, including the complaint and exhibits. LRB Motion for Summary Judgment LRB Statement of Material Facts NLRB Opposition LRB Reply NLRB Surreply
Filed under Author: Matthew L.M. Fletcher, economic development, gaming, Research, Tribal Codes
29 Palms Band v. Schwarzeneggar State Income Tax Case
As this article reports, the 29 Palms Band sued the State of California over gaming-related income on behalf of its off-reservation members. The court granted an earlier motion to dismiss, but allowed the Band leave to file an amended complaint … Continue reading
Filed under Author: Matthew L.M. Fletcher, gaming, Research, taxation
N.Y. Appellate Division Dismisses Contract Counterclaims against Oneida
Here is the opinion in Oneida Indian Nation of N.Y. v. Hunt Construction Group, reversing a trial court order that accepted jurisdiction over four counterclaims against the Nation — Oneida Indian Nation v. Hunt Constr Group An excerpt: Plaintiff, the … Continue reading
Filed under Author: Matthew L.M. Fletcher, gaming, Research, sovereign immunity
NYTS on the NMAI’s Horse Culture Exhibit
From the NYTs: When Christopher Columbus first came to America, there were no natives on horseback to greet him. That is not only because he landed on an island in the Bahamas. It’s also because there were no horses in … Continue reading
Filed under Author: Matthew L.M. Fletcher, cultural resources, News
Idaho Federal Court Declines to Issue Order to Tribal Court in Criminal Case
In Chippewa v. Shoshone-Bannock Tribes Fort Hall Indian Reservation (D. Idaho), the court held that it has no jurisdiction to issue a writ of mandamus to a tribal court — Chippewa DCT Order An excerpt: Lara, Wheeler, and Enas clearly … Continue reading
Filed under Author: Matthew L.M. Fletcher, Criminal, Research, tribal courts
US Dismissed from Employment Claim against Tribal Defense Contractor
The case is Rovinsky v. Choctaw Manufacturing and Development Corp. (D. N.J.). Here are the materials: Rovinsky v Choctaw Mfg and Dev Corp DCT Order Federal Motion to Dismiss Choctaw Motion to Dismiss The tribal motion to dismiss was denied … Continue reading
SCOTUSBlog Lists Harjo as a Petition to Watch
From SCOTUSblog: Docket: 09-326 Title: Harjo v. Pro-Football, Inc. Issue: Whether the doctrine of laches is applicable to a cancellation petition filed pursuant to Section 1064(3) of the Lanham Act. Opinion below (D.C. Circuit) Petition for certiorari Brief in opposition … Continue reading
Filed under Author: Matthew L.M. Fletcher, Research, Supreme Court
Delaware DCT Holds that ANC Subsidiaries Subject to Suit under ADA and FMLA
The case is Peason v. Chugash Governmental Services, Inc. (D. Del.). The materials: Pearson DCT Order Chugash Motion to Dismiss Pearson Opposition to Motion Chugash Reply Brief
American Indian Tribal Law
Facing the Future: The Indian Child Welfare Act at 30
The Eagle Returns: The Legal History of the Grand Traverse Band of Ottawa and Chippewa Indians