Tag Archives: Rule 19

Federal Court Rejects Trappers/Hunters Effort to Dismiss Challenge to Federal Implementation of Convention on International Trade in Endangered Species (Rule 19!)

Here are the materials in Wildearth Guardians v. United States Fish & Wildlife Service (D. Mont.): 75 Motion to Dismiss 79 Federal Response 80 Wildearth Guardians Response 84 Reply 94 DCT Order

Posted in Author: Matthew L.M. Fletcher, cultural resources, Environmental, international law, Research, sovereign immunity, treaty rights | Tagged , , , , | Leave a comment

Ninth Circuit Briefs in Skokomish Indian Tribe v. Forsman

Here: Skokomish Opening Brief Forsman Answer Brief Skallam Tribes Amicus Brief Lower court materials here.

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

Upper Skagit Indian Tribe v. Lundgren Background Materials

Question presented: Does a court’s exercise of in rem jurisdiction overcome the jurisdictional bar of tribal sovereign immunity when the tribe has not waived immunity and Congress has not unequivocally abrogated it? Here are the merit stage briefs: Upper Skagit Brief United States Brief NCAI Amicus Brief Tribal … Continue reading

Posted in Author: Matthew L.M. Fletcher, Research, sovereign immunity | Tagged , , , , , | 1 Comment

SCOTUS Grants Cert in Upper Skagit In Rem Immunity Matter

Here is the order list from last Friday. Here are the cert stage materials in Upper Skagit Indian Tribe v. Lundgren. Lower court materials here.

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

Public Service Co. of New Mexico v. Barboan Cert Petition

Here: Cert Petition Questions presented: 1. Does 25 U.S.C. § 357 authorize a condemnation action against a parcel of allotted land in which an Indian tribe has a fractional beneficial interest, especially where (a) the the tribe holds less than … Continue reading

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St. Regis Mohawk Brief in Patent Litigation

Here is the brief in the matter captioned Mylan Pharmaceuticals Inc. v. Allergan Inc.: Tribe-Motion-to-Dismiss-IPRs

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

Federal Court Declines to Stay Mandate in Effort to Condemn Navajo Lands Saying Utility Loses Even if SCOTUS Reverses

Here are the materials in Public Service Company of New Mexico v. Approximately 15.49 Acres of Land in McKinley County (D.N.M.): 142 Motion to Confirm Stay Order 143 Response 145 Reply 147 DCT Order Prior posts here.

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

Federal Court Dismisses Effort to Shut Down Indian Casino Project Allegedly Built on Indian Cemetery

Here are the materials in Rosales v. Dutschke (E.D. Cal.): 62-1 Tribally Related Defendants Motion to Dismiss 63-1 Federal Defendants Motion to Dismiss 74 Response to Federal Motion 75 Response to Tribal Motion 80 Federal Reply 84 Tribal Reply 98 DCT … Continue reading

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

Tenth Circuit Briefs in Alabama-Quassarte Tribal Town v. United States

Here: Alabama-Quassarte Tribal Town Opening Brief Muscogee Answer Brief Case materials here.

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

Federal Dismisses Contract Action under Rule 19 for Failure to Join Tuba City Regional Healthcare Corp.

Here are the materials in LDFS LLC v. IEC Group Incorporated (D. Ariz.): 11 Motion to Dismiss 12 Response 15 Reply 17 DCT Order

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