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
Here: Skokomish Opening Brief Forsman Answer Brief Skallam Tribes Amicus Brief Lower court materials here.
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 →
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.
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 →
Here is the brief in the matter captioned Mylan Pharmaceuticals Inc. v. Allergan Inc.: Tribe-Motion-to-Dismiss-IPRs
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.
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 →
Here: Alabama-Quassarte Tribal Town Opening Brief Muscogee Answer Brief Case materials here.
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