Tag Archives: Rule 19
Federal Court Dismisses Gaming Developer’s State Law Claims against Apache Tribe, Orders Tribal Court Exhaustion in Others
Here are the materials in FSS Development Company LLC v. Apache Tribe of Oklahoma (W.D. Okla.): 21 motion to stay 22 motion to dismiss 25 response 26 reply 31 dct order
Here are the materials so far in Clark v. Harrah’s NC Casino Company LLC (W.D. N.C.): 1 Complaint 34-1 Motion to Dismiss 39 Opposition 43 Reply 53 Magistrate Report 54 Defendants’ Limited Objections 55 Clark Objections
Yesterday’s order list is here. Case materials are here.
Here: cert opposition[Navajo] US Cert Opp Cert petition here.
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