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 , , ,

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 , , ,

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Here is the unpublished opinion: 17-35336 docket 47_6.18.2018 Briefs here.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Here is the unpublished opinion in State of California v. Picayune Rancheria of Chukchansi Indians.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 , , ,