Tag Archives: Ninth Circuit

Ninth Circuit Briefs in Chemehuevi Indian Tribe v. McMahon

Here: Opening Brief Answer Brief Reply Prior posts here.

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

Ninth Circuit Rejects Gila River Indian Community Reimbursement Claims against VA

Here is the opinion in Gila River Indian Community v. Dept. of Veterans Affairs. Briefs here.

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

Ninth Circuit Rejects Treaty Defense in United States v. King Mountain Tobacco (Nos. 14-36055, 16-35607)

Here is the opinion. An excerpt: We affirm our longstanding rule that Indians—like all citizens—are subject to federal taxation unless expressly exempted by a treaty or congressional statute. Hoptowit, 709 F.2d at 566. In this case, neither the General Allotment Act nor the Treaty … Continue reading

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

Ninth Circuit Dismisses Carter v. Tahsuda [formerly A.D. v. Washburn] as Moot

Here is the order: Doc 75-1 – Memorandum Op Materials are here.

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

Ninth Circuit Rules against Iipay Online Bingo

Here is the opinion in State of California v. Iipay Nation Of Santa Ysabel: iipay opinion Briefs here.

Posted in Author: Matthew L.M. Fletcher, Indian gaming, internet gaming, Research | Tagged , ,

Reflections on Justice Kennedy’s Indian Law Legacy

My most enduring memory of Justice Kennedy is no doubt watching him lean over the bench, red faced and angry, screaming/yelling/lecturing at Neal Katyal during the Dollar General oral argument. I concluded then, if I hadn’t already before that moment … Continue reading

Posted in Author: Matthew L.M. Fletcher, judges, Research, Supreme Court | Tagged , , , , , , , , , | 2 Comments

Ninth Circuit Affirms Dismissal of Skokomish v. Forsman

Here is the unpublished opinion: 17-35336 docket 47_6.18.2018 Briefs here.

Posted in Author: Matthew L.M. Fletcher, Research, sovereign immunity, treaty rights | Tagged , , , , ,

Ninth Circuit Rejects Appeal of Individual Picayune Rancheria Members

Here is the unpublished opinion in State of California v. Picayune Rancheria of Chukchansi Indians. Briefs: opening brief state answer brief tribe answer brief reply brief Lower court materials.

Posted in Author: Matthew L.M. Fletcher, Indian gaming, Research | Tagged , ,

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 , ,

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 , , ,