Tag Archives: Washington Supreme Court

Washington State Adopts ICWA Pro Hac Rule!

Order here. Effective September 1! ICWA Pro Hac page here.

Posted in Author: Kate E. Fort, Child Welfare, ICWA | Tagged , , | Leave a comment

SCOTUS Vacates Washington SCT Decision in Upper Skagit Tribe v. Lundgren

Here is the opinion. From Justice Gorsuch’s opinion: Like some courts before it, the Washington Supreme Court read Yakima as distinguishing in rem from in personam lawsuits and “establish[ing] the princi­ple that . . . courts have subject matter jurisdiction … Continue reading

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

Washington Supreme Court Visits Tribal Land For Public Outreach, To Hear Cases

Here.

Posted in Author: Matthew L.M. Fletcher, News, tribal courts | Tagged ,

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 , , , , , | 3 Comments

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 , , , , ,

Upper Skagit Cert Petition in In Rem Tribal Immunity Matter

Here is the petition in Upper Skagit Indian Tribe v. Lundgren: Cert Petition 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? Lower court materials … Continue reading

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

Cert Petition in Washington State Dept. of Licensing v. Cougar Den Inc.

Here: Cert Petition Questions presented: Whether the Yakama Treaty of 1855 creates a right for tribal members to avoid state taxes on off-reservation commercial activities that make use of public highways. Lower court materials here. UPDATE (8/23/17): Cougar Den Cert … Continue reading

Posted in Author: Matthew L.M. Fletcher, Research, Supreme Court, taxation, treaty rights | Tagged , , , | 2 Comments

Washington SCT Rules 7-2 in Favor of Treaty Right to Travel

Here is the opinion in Cougar Den Inc. v. Washington State Dept. of Licensing. Briefs: 92289-6 Appellant’s Opening Brief 92289-6 Appellant’s Reply 92289-6 Appellant’s Response to Amicus Brief 92289-6 Respondent’s Brief 92289-6 Yakama Nation Amicus Brief

Posted in Author: Matthew L.M. Fletcher, Research, taxation, treaty rights | Tagged , , , , | 1 Comment

Split Washington SCT Decides Rule 19/Tribal Immunity in In Rem Jurisdiction Matter

Here is the 5-4 opinion in Lundgren v. Upper Skagit Indian Tribe. Briefs: Respondent Brief Appellants Brief Appellants Reply Brief

Posted in Author: Matthew L.M. Fletcher, Research, sovereign immunity | Tagged , , , , | 2 Comments

Tulalip Member/Company Seek Mandamus to Bar Searches by Fish and Wildlife Officers

Here is the petition in Paul v. Gain (Wash. S. Ct.): pet-writ-mandamus An excerpt: The novel twist in this case is the “gag order” in the Search Warrant. Because recipients of the Search Warrants risk violating a court order if they disclose … Continue reading

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