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Mealey's Native American Law

  • November 16, 2018

    Tribe’s Immunity Blocks Condemnation Of Land For Pipeline, 10th Circuit Affirms

    DENVER — A natural gas company cannot condemn a piece of land in Oklahoma for a pipeline easement because a Native American tribe has an undivided ownership interest in the property, making it tribal land protected by sovereign immunity, the 10th Circuit U.S. Court of Appeals determined Nov. 15 (Enable Oklahoma Intrastate Transmission, LLC v. 25 Foot Wide Easement, et al., No. 17-6188, 10th Cir., 2018 U.S. App. LEXIS 32367).

  • November 16, 2018

    Tribe, Drugmaker Heading To Supreme Court After Bids For Rehearing, Stay Denied

    WASHINGTON, D.C. — A Native American tribe and a drug company are taking their fight to use the tribe’s sovereign immunity to shield it from inter partes review (IPR) of patents to the U.S. Supreme Court, though the Federal Circuit U.S. Court of Appeals on Nov. 13 said it will not stay its opinion affirming the ruling while a certiorari petition runs its course (Saint Regis Mohawk Tribe, et al. v. Mylan Pharmaceuticals Inc., et al., Nos. 2018-1638, -1639, -1640, -1641, -1642, -1643, Fed. Cir.).

  • November 13, 2018

    Indian’s Federal Sentence For Tribal Officer’s Assault Upheld By Judge

    RAPID CITY, S.D. — A federal judge in South Dakota on Nov. 8 declined to shorten federal prison time for an Indian who assaulted a tribal police officer, finding that his petition for a writ of habeas corpus is barred by statute and by the primary jurisdiction doctrine (United States v. Dwight Thunder Shield, No. 17-cr-50066, D. S.D., 2018 U.S. Dist. LEXIS 191100).

  • November 12, 2018

    $21.1 Million Deal Reached Over Misdiagnosis That Left Woman A Quadruple Amputee

    ANCHORAGE, Alaska — A woman reached a $21.1 million settlement with the federal government in litigation alleging that health care providers at a Native American medical facility in Alaska misdiagnosed her cellulitis and sepsis as shingles.  The lack of appropriate medical care led to the partial amputation of all four of her limbs, the plaintiff’s firm said in a statement on Oct. 23 (Mardi Strong v. United States, No. 13-00165, D. Alaska).

  • November 12, 2018

    9th Circuit Won’t Revisit Ruling That Tribe’s Bingo Violates Internet Gaming Law

    SAN FRANCISCO — After seeking opinions from the United States and California on an Indian tribe’s request to rehear a finding that its online bingo operation is illegal, the Ninth Circuit U.S. Court of Appeals on Nov. 7 denied the request, leaving unanswered a legal question of first impression the tribe presented in its rehearing petition (California, et al. v. Iipay Nation of Santa Ysabel, et al., No. 17-55150, 9th Cir., 2018 U.S. App. LEXIS 31580).

  • November 12, 2018

    9th Circuit Denies Petition For Rehearing In Tribe’s Suit For VA Funding

    SAN FRANCISCO — The Ninth Circuit U.S. Court of Appeals on Nov. 8 declined to rehear its decision that the Veterans’ Judicial Review Act (VJRA) bars an Arizona Indian tribe from suing the U.S. Department of Veterans Affairs for veterans health care funding (Gila River Indian Community, et al. v. U.S. Department of Veterans Affairs, et al., No. 17-15629, 9th Cir., 2018 U.S. App. LEXIS 31790).

  • November 9, 2018

    Judge Halts Pipeline Work, Says Climate Change Stance Reversal Needs Explaining

    GREAT FALLS, Mont. — A Montana federal judge on Nov. 8 shut down the controversial Keystone XL pipeline and told the U.S. Department of State to provide a “reasoned explanation” why it approved a permit for the pipeline in 2017 while ignoring findings from two years earlier when the permit was denied because of global warming (Indigenous Environmental Network, et al. v. U.S. Department of State, et al., No. 17-cv-29, D. Mont., 2018 U.S. Dist. LEXIS 191510).

  • November 8, 2018

    Tribal Council Wins Judgment In Suit For More Substance Abuse Funding

    WASHINGTON, D.C. — An Alaskan tribal council won its four-year battle with the federal government Nov. 7 when a District of Columbia federal judge awarded the council summary judgment in its bid for more funding to operate substance abuse programs for Native Alaskans (Cook Inlet Tribal Council v. Christopher Mandregan, Jr., et. al., No. 14-cv-1835, D. D.C., 2018 U.S. Dist. LEXIS 190469).

  • November 7, 2018

    Tribe Dismissed From Prisoner’s Suit Seeking Habeas Relief

    ALBUQUERQUE, N.M. — A New Mexico federal judge on Nov. 5 adopted a magistrate judge’s findings by adding a new tribal governor to a prisoner’s writ of habeas corpus action and dismissing the tribe from the dispute (Daniel E. Coriz v. Victor Rodriguez, et al., No. 17-1258, D. N.M., 2018 U.S. Dist. LEXIS 188874).

  • November 7, 2018

    9th Circuit Dismisses Navajo Human Remains Case Over Dissent Of Judge

    SAN FRANCISCO — A Ninth Circuit U.S. Court of Appeals judge’s request to vacate a prior ruling that she didn’t agree with in the Navajo Nation’s attempt to have the federal government return 303 sets of human remains was denied Nov. 6 by a panel majority (Navajo Nation v. U.S. Department of the Interior, et al., No. 13-15710, 9th Cir., 2018 U.S. App. LEXIS 31361).

  • November 6, 2018

    Federal, State Requirements Met In Dependency Trial For 3 Children, Panel Finds

    SEATTLE — Neither the federal nor the Washington state Indian child welfare law applied in a dependency hearing for three allegedly abused children because they do not meet the definition of Indian children under the laws, a state appeals court held Nov. 5 (In re Dependency of G.B., et al. v. C.F., Nos. 77311-9-I, 77312-7-I and 77313-5-I, Wash. App., Div. 1, 2018 Wash. App. LEXIS 2519).

  • November 5, 2018

    Control Over Alaska National Park Waters Argued Before Justices

    WASHINGTON, D.C. — The question of whether the Alaska National Interest Lands Conservation Act (ANILCA) exempts nonpublic waterways within Alaska national parks from federal regulation was argued before the U.S. Supreme Court Nov. 5 (John Sturgeon v. Bert Frost, et al., No. 17-949, U.S. Sup.).

  • November 5, 2018

    Tribal Members Take Battle Over RICO Claims Against Leaders To 9th Circuit

    SEATTLE — A Washington federal court wrongly dismissed a suit filed by members of the Nooksack Indian Tribe over tribal leaders’ attempt to disenroll hundreds of members from the tribe because their racketeering claims belong in federal court, not a tribal court, the plaintiff members tell the Ninth Circuit U.S. Court of Appeals in their Oct. 23 opening brief (Margretty Rabang, et al. v. Robert Kelly, Jr., et al., No. 18-35711, 9th Cir.).

  • November 2, 2018

    Judge Scuttles Last-Ditch Try By Indians To Block North Dakota’s Voter ID Law

    BISMARCK, N.D. — While North Dakota’s voter ID law has caused a “litany of problems” for Native Americans trying to vote in the upcoming midterm election, it is too late in the game to change the rules and risk “further confusion and chaos on the eve of an election,” a federal judge ruled Nov. 1 in denying a tribe’s request for a restraining order (Spirit Lake Tribe, et al. v. Alvin Jaeger, No. 1:18-cv-00222, D. N.D., 2018 U.S. Dist. LEXIS 186993).

  • October 31, 2018

    Suit Over ‘Occult Readings’ At Indian Casino Properly Dismissed, 2nd Circuit Says

    NEW YORK — The Second Circuit U.S. Court of Appeals on Oct. 29 summarily affirmed dismissal of civil rights claims leveled by a vendor against a Native American casino, agreeing that the casino is protected by tribal sovereign immunity (John Laake v. Turning Stone Resort Casino, No. 17-3588, 2nd Cir., 2018 U.S. App. LEXIS 30452).

  • October 30, 2018

    Washington State’s Fuel Tax On Tribal Business Debated At Supreme Court

    WASHINGTON, D.C. — Whether Washington state’s tax on gasoline haulers is a legal tax on fuel possession or an impermissible tax on an Indian tribe’s treaty-protected right to travel was the subject of U.S. Supreme Court oral argument on Oct. 30, with the justices voicing support for both sides of the dispute (Washington State Department of Licensing v. Cougar Den, Inc., No. 16-1498, U.S. Sup.).

  • October 30, 2018

    California Panel Allows Claims To Proceed Against Attorney In Tribal Faction Row

    SAN FRANCISCO — Two men arrested for bei``ng part of an armed takeover of an Indian casino in a battle of rival tribal factions can pursue legal malpractice claims against an attorney who advised them before the raid, after a California appellate panel held Oct. 26 that their suit is not barred by the state’s law protecting “public participation” from suit (Shawn Fernandez, et al. v. Lester Marston, et al., No. A149995, Calif. App., 1st Dist., 2018 Cal. App. Unpub. LEXIS 7312).

  • October 29, 2018

    Alaska National Park Waters Shielded From Regulation, Hunter Tells High Court

    WASHINGTON, D.C. — It was Congress’ clear intent in the Alaska National Interest Lands Conservation Act (ANILCA) to exempt waterways in Alaska national parks from federal regulation, so an appellate court’s ruling holding otherwise should be vacated, a petitioner tells the U.S. Supreme Court in an Oct. 11 reply brief on the merits (John Sturgeon v. Bert Frost, et al., No. 17-949, U.S. Sup.).

  • October 29, 2018

    9th Circuit Affirms Dismissal Of Homeowners’ Claims Against Tribal Laws

    SEATTLE — Three couples who own homes on a Washington Indian reservation cannot seek to quiet title against the tribe because it is protected by sovereign immunity, the Ninth Circuit U.S. Court of Appeals ruled Oct. 25 (Thomas Mitchell, et al. v. Tulalip Tribes of Washington, No. 17-35959, 9th Cir., 2018 U.S. App. LEXIS 30130).

  • October 29, 2018

    Denial Of Cert Allows New York To Tax Cigarettes Sold To Non-Indians

    WASHINGTON, D.C. — New York can continue to seek taxes from tribal retailers on cigarettes sold to non-Indians after the U.S. Supreme Court on Oct. 29 denied a petition for a writ of certiorari filed by a Seneca Nation outlet store operator (Eric White, et al. v. Barbara D. Underwood, et al., No. 18-297, U.S. Sup.).