Tag Archives: Washington Supreme Court
Order here. Effective September 1! ICWA Pro Hac page here.
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 →
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 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 →
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 →
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
Here is the 5-4 opinion in Lundgren v. Upper Skagit Indian Tribe. Briefs: Respondent Brief Appellants Brief Appellants Reply Brief
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 →