Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
A150444
|
Modification: Findleton v. Coyote Valley Band of Pomo Indians
Appellants failed to oppose fee motion on the merits in superior court; thus waived the issue. |
Native American Affairs |
|
T. Stewart | Sep. 28, 2018 |
A144214
|
People ex rel. Becerra v. Huber
Two of three causes of action against 'Indian' were criminal in nature; thus state court had plenary criminal jurisdiction to hear those cases under Public Law 280, Section 2. |
Native American Affairs |
|
J. Streeter | Sep. 27, 2018 |
A150444
|
Findleton v. Coyote Valley Band of Pomo Indians
Appellants failed to oppose fee motion on the merits in superior court; thus waived the issue. |
Native American Affairs |
|
T. Stewart | Sep. 26, 2018 |
15-71772
|
Chippewa Cree Tribe v. U.S. Dept. of the Interior
The Department of the Interior correctly ruled that the Governing Board of a Tribe violated the American Recovery and Reinvestment Act when it stripped a Chairman of his position on the Committee in retaliation, which violated the robust whistleblower protections of the Act. |
Native American Affairs |
|
M. Friedland | Aug. 22, 2018 |
17-387
|
Upper Skagit Tribe v. Lundgren
Tribe's assertion of sovereign immunity to quiet title action erroneously rejected due to misplaced reliance on case law, which did not address scope of tribal sovereign immunity. |
Native American Affairs |
|
N. Gorsuch | May 22, 2018 |
17-15245
|
Cachil Dehe Band v. Zinke
Indian Reorganization Act gives Department of Interior authority to take land into trust for tribe’s benefit where ‘tribe’ refers to ‘Indians residing on one reservation.’ |
Native American Affairs |
|
C. Bea | May 3, 2018 |
16-70397
|
Casino Pauma v. NLRB
Petition for review denied where National Labor Relations Board's finding that tribal employers are subject to the National Labor Relations Act is reasonably defensible interpretation of statute. |
Native American Affairs |
|
M. Berzon | Apr. 27, 2018 |
E069276
|
In re K.R.
Juvenile court has a continuing duty to comply with notice requirements regarding a tribal heritage inquiry under the Indian Child Welfare Act |
Native American Affairs |
|
A. McKinster | Feb. 23, 2018 |
D072226
|
In re A.F.
Statutory extended family placement preferences under the Indian Child Welfare Act may only be modified by Tribal resolution establishing different preferences. |
Native American Affairs |
|
P. Benke | Dec. 22, 2017 |
14-16864
|
Navajo Nation v. Dept. of the Interior
Navajo Nation's breach of trust claim challenging Dept. of Interior's new guidelines regarding allocation of Colorado River water in light of unprecedented drought improperly dismissed. |
Native American Affairs |
|
M. Berzon | Dec. 5, 2017 |
A150374
|
Brown v. Garcia
Under the doctrine of sovereign immunity, a state court has no jurisdiction over the intra-tribal matters of a federally-recognized Native American Tribe. |
Native American Affairs |
|
P. Siggins | Dec. 4, 2017 |
15-35661
|
Lower Elwha Klallam Tribe v. Lummi Nation
The Lummi Nation's usual and accustomed grounds under the 1855 Treaty of Point Elliott includes the waters west of Whidbey Island near present-day Seattle. |
Native American Affairs |
|
M. McKeown | Dec. 4, 2017 |
15-35824
|
Makah Indian Tribe v. Quileute Indian Tribe
Indian tribe's 'right of taking fish' under Treaty of Olympia encompasses whales and seals, but dispute over fishing boundaries warrants partial reversal and remand. |
Native American Affairs |
|
M. McKeown | Oct. 24, 2017 |
C080546
|
People v. Rose
California has jurisdiction to regulate cigarette sales in Indian country; Indian owner and operator of smoke shops liable for selling illegal cigarettes, tax-free. |
Native American Affairs |
|
G. Nicholson | Oct. 18, 2017 |
15-17253
|
County of Amador v. United States Dept. of the Interior
County unsuccessful in challenging Department of the Interior's decision to take land into trust for Indian tribe and to allow tribe to build casino on land. |
Native American Affairs |
|
S. Graber | Oct. 9, 2017 |
15-35540
|
Upper Skagit Indian Tribe v. Suquamish Indian Tribe (Jamestown S’Klallam Tribe)
In dispute over treaty fishing rights, Indian tribe properly granted summary judgment in its action challenging scope of another tribe’s rights in contested waters. |
Native American Affairs |
|
M. Hawkins | Sep. 25, 2017 |
C070512
|
Sharp Image Gaming Inc. v. Shingle Springs Band of Miwok Indians
Indian Gaming Regulatory Act completely preempts Indian gaming field and applies to management contracts and collateral agreements. |
Native American Affairs |
|
W. Murray | Sep. 19, 2017 |
15-35263
|
Quinault Indian Nation v. Pearson
Asserting claims against Indian tribe as counter claims does not change sovereign-immunity analysis; hence, counterclaim properly dismissed, barred by sovereign immunity. |
Native American Affairs |
|
M. McKeown | Aug. 30, 2017 |
13-16259
|
Amended Opinion: Window Rock Unified School District v. Reeves
Tribal proceedings improperly halted where Navajo Nation Labor Commission probably had jurisdiction over employment-related claims against school districts operating on leased tribal land. |
Native American Affairs |
|
Aug. 4, 2017 | |
15-16604
|
Bishop Paiute Tribe v. Inyo County
Tribe’s declaratory action regarding its right to conduct law enforcement on reservation properly before federal court and was, therefore, improperly dismissed on jurisdictional grounds. |
Native American Affairs |
|
M. Murguia | Jul. 20, 2017 |
15-35001
|
United States v. Salish Kootenai College Inc.
Tribes are ‘sovereign states’ and are therefore not considered ‘persons’ under the False Claims Act. |
Native American Affairs |
|
A. Kozinski | Jul. 11, 2017 |
13-16259
|
Window Rock Unified School District v. Nez
Tribal proceedings improperly halted where Navajo Nation Labor Commission probably had jurisdiction over employment-related claims against school districts operating on leased tribal land. |
Native American Affairs |
|
M. Friedland | Jun. 29, 2017 |
D070826
|
In re J.L.
Trial court properly terminates parental rights without Indian Child Welfare Act heritage inquiry, as mother's uncertainty of Indian ancestry does not trigger social worker's burden to investigate. |
Native American Affairs |
|
Apr. 14, 2017 | |
14-73055
|
Hopi Tribe v. U.S.E.P.A.
General duty of trust between United States and Indian tribes does not create a general duty to consult that binds upon the U.S. as single entity. |
Native American Affairs |
|
Mar. 21, 2017 | |
14-15814
|
Tavares v. Whitehouse
Temporary banishment from tribal land is not 'detention' sufficient to invoke federal habeas jurisdiction under Indian Civil Rights Act. |
Native American Affairs |
|
Mar. 15, 2017 | |
15-55896
|
Agua Caliente Band of Cahuilla Indians v. Coachella Valley Water District
Agua Caliente Band of Cahuilla Indians holds federally reserved water rights to appurtenant water sources, including groundwater, pursuant to the 'Winters' doctrine. |
Native American Affairs |
|
Mar. 8, 2017 | |
14-55461
|
Desert Water Agency v. U.S. Department of the Interior
California political subdivision lacks standing to sue federal agency, as disputed federal regulation offers interpretation of existing law and does not preempt state taxes on non-Indians living on tribal land. |
Native American Affairs |
|
Mar. 8, 2017 | |
13-35474
|
U.S. v. Washington
State of Washington's building and maintaining of culverts that prevented passage of salmon violates its obligation to Indian tribes under Stevens Treaties. |
Native American Affairs |
|
Mar. 3, 2017 | |
14-55900
|
Consumer Financial Protection Bureau v. Great Plains Lending LLC
Consumer Financial Protection Bureau has jurisdiction to serve investigative demands upon for-profit Native American tribal lending companies. |
Native American Affairs |
|
Jan. 22, 2017 | |
S216878
|
People ex rel. Jan Owen v. Miami Nation Enterprises
Payday loan companies created by federally recognized Indian tribes accused of engaging in unlawful loan activities are not entitled to tribal immunity. |
Native American Affairs |
|
Dec. 22, 2016 |