News & Analysis as of

Indigenous Peoples Civil Remedies Civil Procedure

Read Indigenous Peoples Law updates, alerts, news, and legal analysis from leading lawyers and law firms:

Appellate Court Notes

by Pullman & Comley, LLC on

Supreme Court Advance Release Opinions: SC19651 - Southwest Appraisal Group, LLC v. Administrator, Unemployment Compensation Act - Appellate Court Advance Release Opinions: AC38279 - Al Dente, LLC v....more

D.C. Circuit Awards Navajo Nation $15.7 Million in Additional Annual ISDEAA Funding

by Holland & Knight LLP on

Court: Bureau of Indian Affairs Failed to Act in Timely Manner on Tribal Funding Proposal - The U.S. Court of Appeals for the District of Columbia Circuit on April 4, 2017, ruled that the Navajo Nation is entitled to...more

Federal Court Issues Permanent Injunction and Permanently Shuts Down Santa Ysabel’s Desert Rose Bingo

by Snell & Wilmer on

On December 12, 2016, Judge Battaglia of the United States District Court for the Southern District of California issued the Court’s long-awaited ruling on the State of California and Federal Government’s motions for summary...more

SCOTUS to Decide if Sovereign Immunity of an Indian Tribe Bars Individual Damages Actions

by Stinson Leonard Street on

The U.S. Supreme Court recently granted certiorari in Lewis v. Clarke. The Supreme Court will resolve a Circuit split about whether the sovereign immunity of an Indian Tribe bars individual-damages actions against tribal...more

Supreme Court Corner: Q3 2016

by DLA Piper on

CASES WE ARE WATCHING - Lee v. Tam TRADEMARK – Cert. Pending Pro-Football, Inc. v. Amanda Blackhorse, et al. TRADEMARK – Cert. Pending ISSUE: Whether the Lanham Act’s disparagement clause violates the...more

Redskins Trademarks – Answers to Key Questions Regarding Recent Ruling

by Sands Anderson PC on

Last week, the U.S. District Court sitting in Alexandria, Virginia granted what would appear to be a sweeping victory to a group of five Native Americans who have renewed attempts to cancel the federal registrations of...more

Does Rule 23(e) Require that Settlement Class Members Receive Notice of Modification to Cy Pres Remedy?

by Carlton Fields on

The United States District Court for the District of Columbia recently held that a modification to a settlement agreement was not subject to the procedural protections of Federal Rule of Civil Procedure 23(e) because it would...more

Wisconsin Indian Tribe Prevails – State Cannot Ban Electronic Poker on Reservation

by Ifrah PLLC on

The U.S. Court of Appeals for the Seventh Circuit has overturned a federal district court ruling that had permitted the State of Wisconsin to prohibit the Ho Chunk tribe from offering electronic poker on its reservation...more

Californian court puts tribal online bingo website on ice

by Snell & Wilmer on

A Native American tribe’s attempt to launch an internet bingo website has faced setbacks following a recent court order temporarily restraining the site’s operation. In its decision, the Court made a number of important...more

Gaming Legal News: Volume 7, Number 12: Department Of Justice Files Suit Against Santa Ysabel Tribe’s "Desert Rose Bingo" Site

by Dickinson Wright on

On December 3, United States Department of Justice attorneys filed a complaint in federal court seeking to prevent the Iipay Nation of Santa Ysabel, a federally recognized Indian tribe near San Diego, from continuing to...more

Seventh Circuit Uses Fed. R. Civ. P. 60(b)(5) to Reopen 23-Year Old Judgment

by Foley & Lardner LLP on

Federal Rule of Civil Procedure 60(b)(5) allows a party to move for relief from a final judgment on the ground that “it prospectively is no longer equitable.” Motions under Rule 60(b)(5) must be made “within a reasonable...more

U.S. Supreme Court Decision in Michigan v. Bay Mills Indian Community et al.

The U.S. Supreme Court (“Court”) issued a 5-4 decision Tuesday in a case with implications for Tribal-State relations and the resolution of disputes under the federal Indian Gaming Regulatory Act, 25 U.S.C. § 2701 et seq....more

Sixth Circuit Grants Stay in Lansing, Michigan, Off-Reservation Casino Case

by Dickinson Wright on

In an order issued on February 24, 2014, the United States Court of Appeals for the Sixth Circuit granted a stay of its decision in State of Michigan v. The Sault Ste. Marie Tribe of Chippewa Indians (Sixth Circuit Case No....more

SCC Rules Roadblock an Abuse of Process Where Legal Remedies Not Exercised

by Bennett Jones LLP on

Last week, the Supreme Court of Canada released its decision in Behn v. Moulton Contracting Ltd., 2013 SCC 26. The case sets out some important principles that may be relevant for those who engage in operations in areas where...more

Ninth Circuit Holds Takings Case Must Proceed Through Tribal Court

by Nossaman LLP on

An eminent decision out of the Ninth Circuit United States Court of Appeals is not a common occurrence. A Ninth Circuit eminent domain decision dealing with intangible property is even less common. Yet, on April 26, 2013,...more

Fee-Shifting Ruling Encourages Intervention in Clean Air Challenges

by Morgan Lewis on

On December 20, 2011, the U.S. Court of Appeals for the D.C. Circuit expanded fee-shifting incentives for parties that intervene in challenges to Clean Air Act rules issued by the Environmental Protection Agency (EPA). The...more

Restructuring Review - June 2011

In This Issue: 01 When Tribal Gaming Goes Sour . . . Rights & Remedies in an Unclear Legal Environment 07 S.D.N.Y. Bankruptcy Court Continues to Construe Bankruptcy Code’s Safe HarborProvisions Narrowly 13...more

United States v. Tohono O'odham Nation

Brief of the National Association of Home Builders as Amicus Curiae in Support of the Respondent

by Robert Thomas on

For more than a century, the federal government has held substantial funds and 2.9 million acres of land in Arizona in trust for the Tohono O'odham Nation. In United States v. Tohono O'odham Nation, No. 09-846 (cert. granted...more

Native Americans Entitled to $239,620 in Fees By Confering a Public Benefit

by Hinshaw & Culbertson LLP on

An environmental group and a band of Native Americans successfully challenged various aspects of a solid waste facility landfill project in San Diego County. The Fourth Appellate District held that the claimants were entitled...more

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