2018 Federal Courts Cases

Last updated: February 22, 2018

Next Update Should be Ready by:
March 1, 2018

Recently Added Cases:

Chissoe v. Zinke
2018 WL 919917
No. 16-5172
United States Court of Appeals, Tenth Circuit.
February 16, 2018

Legal Topics: Fee-to-Trust Aquisition


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February

Citizen Potawatomi Nation v. State of Oklahoma
2018 WL 718606
No. 16-6224
United States Court of Appeals, Tenth Circuit
February 6, 2018

*Synopsis: Native American nation brought action against state of Oklahoma, seeking to enforce arbitration award obtained in connection with dispute under tribal-state gaming compact. The United States District Court for the Western District of Oklahoma, Robin J. Cauthron, J., 2016 WL 3461538, entered order enforcing award. State appealed.

*Holdings: The Court of Appeals, Murphy, Circuit Judge, held that:
1) de novo review provision of binding arbitration clause in tribal-state gaming compact was legally invalid, and
2) district court erred in failing to sever binding arbitration clause from tribal-state gaming compact.
Remanded with instructions to vacate arbitration award.

State of Texas v. Alabama Coushatta Tribe of Texas
2018 WL 731516
NO. 9:01-CV-299
United States District Court, E.D. Texas, Lufkin Division.
February 6, 2018

Legal Topics: Indian Gaming Regulatory Act - Class II Gaming

 

January

Pro-Football, Inc. v. Blackhorse
2018 WL 460653
No. 15-1874
United States Court of Appeals, Fourth Circuit.
January 18, 2018

Legal Topics: Trademarks

Stand Up For California! v. United States Department of the Interior
2018 WL 385220
No. 16-5327
United States Court of Appeals, District of Columbia Circuit.
January 12, 2018

*Synopsis:  Community groups and Indian tribe with competing casino brought action challenging Department of Interior's decision to take a tract of land into trust for Indian tribe and authorize it to operate a casino there. The United States District Court for the District of Columbia, Beryl A. Howell, Chief Judge, 204 F.Supp.3d 212, granted partial summary judgment to Department and dismissed remaining claims. Plaintiffs appealed.

*Holdings: The Court of Appeals, Tatel, Circuit Judge, held that:
1) Indian tribe constituted a “recognized Indian tribe” at time that Indian Reorganization Act (IRA) was passed;
2) substantial evidence supported Department's conclusion that Indian tribe, as it currently existed, could trace its roots to Indians who lived on tribe's reservation at time that IRA was passed;
3) court would defer to Department's reasonable interpretation of provision of Indian Gaming Regulatory Act (IGRA) that required an Indian casino to not be a detriment to the surrounding community;
4) substantial evidence supported Department's determination that permitting Indian tribe to operate a casino on its newly acquired lands would not be detrimental to the surrounding community; and
5) relevant date for Department's analysis of whether proposed casino would comply with Clean Air Act (CAA) requirements was when the Department initially made its determination, rather than when it reissued its determination on remand.
Affirmed.

Ute Indian Tribe of the Uintah and Ouray Reservation v. Lawrence
2018 WL 637395
No. 2:16–cv–00579
United States District Court, D. Utah, Central Division.
January 31, 2018

Legal Topics: Jurisdiction - Contracts

Yurok Tribe v. Resighnini Rancheria
2018 WL 550233
No. 16-cv-02471 RMI
United States District Court, N.D. California, Eureka Division.
January 25, 2018

Legal Topics: Fishing Rigts; Tribal Sovereign Immunity

Buchwald Capital Advisors v. Sault Ste. Marie Tribe of Chippewa Indians
2018 WL 508471
No. 16-cv-13643
United States District Court, E.D. Michigan, Southern Division.
January 23, 2018

Legal Topics: Tribal Sovereign Immunity

Ak-Chin Indian Community v. Central Arizona Water Conservation District
2018 WL 397233
No. CV-17-00918-PHX-DGC
United States District Court, D. Arizona.
January 12, 2018

Legal Topics: Tribal Water Rights; Sovereign Immunity

Cobb v. Morris
2018 WL 842406
NO. 2:14-CV-22
United States District Court, S.D. Texas, Corpus Christi Division.
January 11, 2018

Legal Topics: Civil Rights of Prisoners

Bishop Paiute Tribe v. Inyo County
2018 WL 347797
No. 1:15-cv-00367-DAD-JLT
United States District Court, E.D. California.
January 10, 2018

Legal Topics: Tribal Jurisdiction

McKesson Corporation v. Hembree
2018 WL 340042
No. 17-CV-323-TCK-FHM
United States District Court,  N.D. Oklahoma.
January 9, 2018

Legal Topics: Tribal Jurisdiction; Opioids

 

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