Monthly Archives: April 2011

Briefing in Seminole Tribe v. Starkman — Effort to Recover for Bad Checks from Problem Gambler

Here are those briefs (Fla. App.): Seminole Tribe Appellant Brief Starkman Appellee Brief

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Filed under Author: Matthew L.M. Fletcher, gaming, Research

Michigan COA: “Indian in my family” Not Enough to Invoke ICWA

Here is the unpublished opinion in In the Matter of Plaunt. An excerpt: Second, respondent contends that the trial court erred and violated his procedural due process rights because it failed to follow the requirements of the Indian Child Welfare Act. … Continue reading

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Filed under Author: Matthew L.M. Fletcher, Research

BLT: Indian-Owned Bank Amongst Five to Hold Keepseagle Settlement Funds

From the BLT: The plaintiffs’ lawyers overseeing the $750 million settlement in a discrimination suit brought by Native American farmers and ranchers proposed using five banks in which to deposit and invest settlement funds until the money is disbursed to … Continue reading

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Filed under Author: Matthew L.M. Fletcher, News

Big Sandy Rancheria v. Brownstone LLC — Contract Claim re: Gaming Management

Here is that opinion: Big Sandy Rancheria v Brownstone LLC

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Filed under Research, gaming, Author: Matthew L.M. Fletcher

GTB Chair to Attend World Education Expo

Article here. An excerpt:  Representing a five-county region of Northwest Michigan, Grand Traverse Band of Ottawa and Chippewa Indians Tribal Chairman Derek Bailey will participate in the 2011 World Forum on Early Care and Education. The event will be held … Continue reading

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Filed under Author: Matthew L.M. Fletcher, Education, Michigan Indian, News

Federal Circuit Affirms (2-1) Dismissal of San Carlos Apache Trust Breach Case re: Gila River Water Rights

Here is the opinion in San Carlos Apache Tribe v. United States. An excerpt from the majority: The San Carlos Apache Tribe (“Tribe”) appeals from a decision of the United States Court of Federal Claims, which dismissed the Tribe’s monetary damages claim against … Continue reading

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Filed under Author: Matthew L.M. Fletcher, Research

Black Lake First Nation v. Bigeye: Is Service of Process Proper When The Process Server is Intoxicated?

After being sued for interference in the election of chief and band councillors (intimidating the Chief Electoral Officer) for the Black Lake First Nation, David Bigeye argued that he was not properly served.  Here’s an excerpt from Bigeye’s sworn affidavit.

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Filed under Author: Peter Vicaire, Canadian Indian, tribal election

Grand River Enterprises Six Nations Ltd. v. R.: Judge Accuses Tribal Cigarette Manufacturer of “Fishing Expedition” In Disclosure Request

In Grand River Emterprises Six Nations Ltd. v. R., the Federal Court of Appeal denied the request of a tribal corporation which manufactured and sold tobacco products on the Six Nations reserve.  The corporation requested disclosure of tax information of other incorporated tobacco companies on … Continue reading

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Filed under Author: Peter Vicaire, Canadian Indian, taxation

Supreme Court denies cert in Native Wholesale Supply v. Oklahoma

The Native Wholesale Supply v. Oklahoma petition was denied cert today. Last week the Court denied the Winnemucca v. Wasson petition. The Court’s orders are available here.

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Filed under Author: Kate E. Fort, Supreme Court

Montana First Nation v. Rabbit: Alberta’s Tobacco Road

In Montana First Nation v. Rabbit, the Federal Court of Canada recently reinstated the ousted Chief (Carolyn Buffalo) and a Councillor (Leonard Standingontheroad) of Montana First Nation in Alberta.  They were temporarily suspended by the remaining Councillors for having brought onto … Continue reading

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Filed under Author: Peter Vicaire, Canadian Indian, tribal election