Tag Archives: Ninth Circuit

Ninth Circuit Denies En Banc Petition in Carter v. Tahsuda

Here: doc-78-pet-for-rehearing-denied.pdf Case page here.

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

Ninth Circuit Orders Arbitration in Dispute Involving Tribe and Labor Union

Here is the unpublished opinion in Shingle Springs Band of Miwok Indians v. UNITE HERE International Union. Briefs: Shingle Springs Opening Brief United Here Brief Oral argument video here. Lower court materials here. Prior cases here.

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

Nooksack Update: Disenrollees File 9th Circuit Appeal; State Superior Court Further Stays Eviction

Plaintiffs filed a notice of appeal from the District Court’s dismissal of their civil RICO action to the Ninth Circuit Court of Appeals, in Rabang v. Kelly (Rabang II). Pending that appeal, the Whatcom County Superior Court further stayed a … Continue reading

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

Ninth Circuit Affirms in Pakootas v. Teck Caminco Metals

Here is the opinion. Briefs here.

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

Split Ninth Circuit Panel Approves Voting Rules in Arizona Intended to Make Voting Harder for People of Color

Here is the opinion in Democratic National Committee v. Reagan. An excerpt from Chief Judge Thomas’ dissent: “No right is more precious in a free country than that of having a voice in the election of those who make the laws under … Continue reading

Posted in Author: Matthew L.M. Fletcher, Research, voting rights | Tagged , ,

Ninth Circuit Rejects Tribe’s Challenge to Interior Determination in Whistleblower Case

Here is the opinion in Chippewa Cree Tribe of the Rocky Boy Reservation v. Dept. of Interior. A related unpublished opinion in St. Marks v. Dept. of Interior is here. From the court’s syllabus: The panel denied a petition for review by … Continue reading

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

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 , , ,

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 ,

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 , , ,

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 , , ,