2017 Federal Courts Cases
Last updated: February 17, 2017
Next Update Should be Ready by: March 1, 2017
Recently Added Cases:
Knighton v. Cedarville Rancheria of Northern Paiute Indians
2017 WL 616465
Case No. 16-cv-02438-WHO
United States District Court, E.D. California.
Legal Topics: Tribal Court Jurisdiction; Tribal Government - Fraud
Legal Topics: Indian Civil Rights Act; Tribal Criminal Jursidiction
Legal Topics: Bad Men Treaty Provision
Related News Stories: Ute tribe proceeds with suit against U.S. for tribal member's death (UBMedia) 2/6/17, Appeals court reinstates Ute Tribe's wrongful death lawsuit (McClatchyDC) 2/6/17, Court reinstates Ute Tribe's wrongful death suit in 2007 reservation shooting (Salt Lake Tribune)2/4/17
Legal Topics: Oklevueha Native American Church; Marijuana Manufacturing
Consumer Financial Protection Bureau v. Great Plains Lending, LLC
2017 WL 242560
United States Court of Appeals, Ninth Circuit.
*Synopsis: Consumer Financial Protection Bureau (CFPB) brought action against several for-profit tribal lending entities, seeking enforcement of investigative demands it served on entities. After issuing order to show cause as to why entities should not comply with demands, the United States District Court for the Central District of California, Michael W. Fitzgerald, J., denied entities' petition to set aside demands. Entities appealed.
*Holding: The Court of Appeals, Rawlinson, Circuit Judge, held that CFPB did not plainly lack jurisdiction to issue demands against entities.
Related News Stories: Court enforces CFPB civil investigative demand against tribal lending entity; rejects argument that tribal sovereignty precludes such demands (JD Supra) 2/2/17, Ninth Circuit affirms CFPB authority to investigate tribal lenders (Consumer Financial Services Review) 1/26/17
Legal Topics: Criminal Jurisdiction
Swinomish Indian Tribal Community v. BNSF Railway Company
2017 WL 132448
United States District Court, W.D. Washington, at Seattle.
Legal Topics: Easement Agreement
Related News Stories: Court says tribe's suit against BNSF can proceed (Goanacortes) 1/18/17
Legal Topics: Indian Civil Rights Act - Exhaustion of Tribal Remedies
Legal Topics: Indian Commerce Clause
Related News Stories: Native Americans and taxes: Tulalip Tribes challenge state taxation on tribal lands (Indian Country Today) 1/09/17
Legal Topics: Tribal Exhaustion Doctrine
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