Monthly Archives: December 2009
Federal Circuit Adopts Fiduciary Exception to Atty-Client Privilege in Tribal Trust Cases
One would expect a cert petition from the United States in the new year on this one. In re United States. An excerpt: The United States petitions for a writ of mandamus to direct the Court of Federal Claims (“trial … Continue reading
Filed under Author: Matthew L.M. Fletcher, Research
Indian Law Scholarship in the Political and Legal Anthropology Review (PoLAR)
The most recent issue of the Political and Legal Anthropology Review (PoLAR) has a few articles of interest. First, Richard O. Clemmer’s paper, “Land Rights, Claims, and Western Shoshones: The Ideology of Loss and the Bureaucracy of Enforcement.” Here is … Continue reading
Filed under Author: Matthew L.M. Fletcher, Scholarship
Cobell Settlement Deadline Extended to End of February
From the BLT: The federal government and lawyers for the plaintiffs have agreed to extend the deadline to finalize a $1.41 billion settlement in long-running Indian trust litigation past Dec. 31.. The new deadline is Feb. 28. Kilpatrick Stockton partner … Continue reading
Filed under Author: Matthew L.M. Fletcher, News
Rosenberg v. Hualapai Indian Nation Cert Petition
Here is the cert petition in Rosenberg v. Hualapai Indian Nation (No. 09-742): Rosenberg Cert Petition. No chance for a grant here. No circuit split. Nothing important for the SCT to decide, especially since they denied cert in the dram shop … Continue reading
Slot Machine Distributor Loses Contract Claims against Slot Machine Manufacturer
Slow news day…. Tribal Consortium v Pierson An excerpt: The case originally involved two written contracts between Plaintiff and Vision, entitled “Vision Gaming & Technology, Inc. Distribution Agreement for Oklahoma” and “Vision Gaming & Technology Inc. Participation Agreement.” The Distribution Agreement appointed … Continue reading
Filed under Author: Matthew L.M. Fletcher, gaming, Research
Federal Court Holds that Tribal Sovereign Immunity Survives Removal to Federal Court
But suggests that the law is unsettled. Here is the opinion in Ingrassia v. Chicken Ranch Bingo and Casino (E.D. Cal.): Ingrassia v Chicken Ranch Bingo and Casino DCT Order An excerpt: At this point, the case law is not … Continue reading
Turtle Mountain Band Tribal Court Exhaustion Case
Here is the opinion in Auto Owners Insurance v. Azure (D. N.D.): Auto Owners Ins v Azure DCT Order. An excerpt: The Court finds the legal analysis and reasoning as set forth in Malaterre and Nielson is instructive. Auto Owners … Continue reading
Filed under Author: Matthew L.M. Fletcher, Research, tribal courts
Canadian Courts Failing to Reduce Incarceration of Natives
From the Globe and Mail via How Appealing: All things being equal, Dennis Thibault didn’t have a prayer of getting bail. The lanky, fast-talking street person had evaporated into the streets of downtown Toronto last July, after his arrest on … Continue reading
Filed under Author: Matthew L.M. Fletcher, News
Fort Independence Survives Summary Judgment in IGRA Good Faith Suit
Here are the materials in Fort Independence Indian Community v. California (E.D. Cal.): California Motion for Summary J Fort Independence Motion for Summary J California Response Brief Fort Independence Response Brief California Reply Brief Fort Independence Reply Brief Fort Independence … Continue reading
Filed under Author: Matthew L.M. Fletcher, gaming, Research
American Indian Tribal Law
Facing the Future: The Indian Child Welfare Act at 30
Federal Indian Law: Cases and Materials (6th ed.)
The Eagle Returns: The Legal History of the Grand Traverse Band of Ottawa and Chippewa Indians
