Tag Archives: Ninth Circuit

Ninth Circuit Briefs in Hestand v. Gila River Indian Community [Attorney Employment Claims]

Here: Opening Brief Answer Brief

Posted in Author: Matthew L.M. Fletcher, Research, sovereign immunity | Tagged , , | Leave a comment

Ninth Circuit Issues Trio of Decisions on Walker River

Here is the opinion in United States v. Walker River Irrigation District. From the court’s syllabus: The panel first held that the district court was correct that it retained jurisdiction to litigate additional rights in the Walker River Basin and … Continue reading

Posted in Author: Matthew L.M. Fletcher, Research, water rights | Tagged , , , | Leave a comment

Ninth Circuit Dismisses Rabang v. Kelly; Awards Disenrollee Plaintiffs Fees & Costs

Here: 37 4-19-18 Appellees’ Response to Appellants’ Motion for Voluntary Dismissal of Appeal 38 4-26-18 Appellants’ Reply Supporting Motion for Voluntary Dismissal of Appeal 39 5-18-18 Order

Posted in Author: Matthew L.M. Fletcher, Research, tribal membership | Tagged , , , | Leave a comment

Federal Court Holds Federal Claims Act Suits against Section 17 Corporations are Suits against the Tribal Owner

Here are the materials in Cain v. Salish Kootenai College (D. Mont.): 90 CSKT Amicus Brief 92 SKC Motion to Dismiss 102 Cain Response 106 Reply 108 DCT Order This case is on remand from the CA9.

Posted in Author: Matthew L.M. Fletcher, Education, Research, sovereign immunity | Tagged , , , , , , | Leave a comment

Split Ninth Circuit Affirms Life Sentence for Salt River Gang Member Convicted When He Was a Juvenile

Here is the opinion in United States v. Briones.

Posted in Author: Matthew L.M. Fletcher, Child Welfare, Criminal, Research | Tagged , | Leave a comment

Ninth Circuit Briefs in Stillaguamish Tribe v. State of Washington [Apparent/Actual Authority to Waive Tribal Immunity]

Here: State Opening Brief Tribe Answer Brief Reply Lower court materials here.

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Ninth Circuit Briefs in Challenge to Assimilative Crimes Act Jurisdiction

Here are the briefs in United States v. Smith: Opening Brief SW Indian Law Clinic Amicus Brief US Answer Brief Reply Brief

Posted in Author: Matthew L.M. Fletcher, Criminal, Research | Tagged , , , | Leave a comment

Ninth Circuit Affirms Interior Decision Favoring Estom Yumeka Maidu Tribe of the Enterprise Rancheria

Here is the opinion in Cachil Dehe Band of Wintun Indians of the Colusa Indian Community v. Zinke. Briefs here.

Posted in Author: Matthew L.M. Fletcher, fee to trust, IGRA, Research | Tagged , , , , | Leave a comment

Ninth Circuit Rejects Casino Pauma Effort to Avoid NLRB Jurisdiction

Here is the opinion in Casino Pauma v. NLRB. From the court’s syllabus: The panel granted the National Labor Relations Board’s petition for enforcement of its order; denied Casino Pauma’s petition for review; and upheld the Board’s conclusions that it … Continue reading

Posted in Author: Matthew L.M. Fletcher, Labor Relations, Research | Tagged , , | Leave a comment

Ninth Circuit Briefs in Rosales v. Dutschke (Jamul Indian Village)

Here: Opening Brief Tribal Answer Brief Federal Answer Brief Lower court materials here.

Posted in Author: Matthew L.M. Fletcher, cultural resources, economic development, Indian gaming, Research | Tagged , , | Leave a comment