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
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Here is the unpublished opinion in In the Matter of Plaunt.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
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
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
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
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
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.
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
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.
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
Filed under Author: Peter Vicaire, Canadian Indian, tribal election
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