While the chances for this petition on tribal sovereign immunity to be granted seem pretty slim, who knows? The cert petition briefs are all in and available here. We’ll know after the conference on May 8, 2008.
The case is Ogden v. Iowa Tribe of Kansas and Nebraska. From the opinion:
In March of 2006, Larry Ogden, after communication with the tribal chairman of the “Iowa Tribe Executive Committee,” moved to Missouri to accept employment as manager of a truck stop near I-29 in Holt County, Missouri, known as the “Squaw Creek Eagles [...]
carls-cert-opp
The rest of the materials are here.
We have written about this case before — the question of whether Cash Advance and others who are part-owned by Indian tribes can avoid suit from the Colorado AG for unfair consumer practices (yecch).
The Colorado Court of Appeals reversed the trial court’s decision not to quash the subpoena directed against the tribe-owned Cash Advance defendant [...]
The March/April 2008 issue of the Federal Lawyer featured several articles on Indian law.
Zeke Fletcher on the legacy of Martinez, Wheeler, and Oliphant: trappedinthespringof1978
Casey Douma on the Indian Civil Rights Act: 40thanniversaryoficra
Mike McBride and Susan Huntsman on tribal labor relations: organizedlaborstrategiesforindiangaming
Goodman and Maxfield on the NIGC’s gaming management contracting: isthatyourfinalanswergoodmanmaxfield
Matthew Fletcher on the Supreme Court [...]
This is a case involving the sovereign immunity defense of a tribal corporation before the Tenth Circuit. Oral argument was in March before Judges Briscoe, Gorsuch and Parker. Here are the materials:
DCT Opinion
Appellant Brief
Appellee Brief
This case, decided by Judge Quist, out of the Western District of Michigan is the latest in a long string of Indian tax cases arising out of the Keweenaw Bay Indian Community’s reservation in the past few years, including Chippewa Trading v. Cox (CA6) and KBIC v. Rising (CA6). Here are the very lengthy materials in this [...]
The district court issued a long opinion in favor of the Village of Hobart. The briefs are available at the NARF Supreme Court Project site.
Here are the materials in Parks v. Tulalip Resort Casino, in which the district court for the Western District of Washington dismissed a tort claim against the casino on the grounds of sovereign immunity.
Tulalip Motion to Dismiss
Parks Opposition to Motion to Dismiss
DCT Order to Show Cause
Parks Response to Order to Show Cause
DCT Order Dismissing Claim
The oral argument is scheduled for May 6, 2008, before Circuit Judges Tatel, Garland, and Griffith.
Here is the order.
