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Name Category Published
Kalispel Tribe of Indians v. U.S. Dept. of the Interior
Showing that additional gaming may be detrimental to some members of surrounding community, including Indian Tribe, does not dictate outcome of two step determination for authorizing off-reservation gaming. 		Native American Affairs 9th Jun. 2, 2021
Stand Up for California! v. State of Cal.
California voters impliedly revoked Governor's concurrence to turn land into casino by voting 'No' on Proposition 48. 		Native American Affairs 5DCA May 17, 2021
Navajo Nation v. U.S. Dept. of the Interior
Indian tribe successfully identified specific treaty, statutory, and regulatory provisions that, taken together, anchored its breach of trust claim. 		Native American Affairs 9th Apr. 29, 2021
Jamul Action Committee v. Simermeyer
Jamul Indian Village is a federally recognized Indian tribe and is protected by tribal sovereign immunity. 		Native American Affairs 9th Sep. 9, 2020
Pauma Band of Luiseno Mission Indians v. State of California
Under Indian Gaming Regulatory Act, California negotiated in good faith by circulating draft compact and repeatedly expressing its willingness to negotiate with tribe. 		Native American Affairs 9th Sep. 3, 2020
Confederated Tribes and Bands of the Yakama Nation v. Yakima County
State of Washington may exercise criminal jurisdiction over members of the Confederated Tribes and Bands of the Yakama Nation who commit crimes on reservation land. 		Native American Affairs 9th Jun. 30, 2020
In re M.W.
Indian Child Welfare Act notice was not required because there was no reason to know the minor was an Indian child. 		Native American Affairs 3DCA Jun. 9, 2020
Swinomish Indian Tribal Community v. BNSF Railway Company
The Interstate Commerce Commission Termination Act did not repeal the Indian Right of Way Act which does not preempt an Indian Tribe's right to enforce an Easement Agreement. 		Native American Affairs 9th Mar. 5, 2020
Herpel v. County of Riverside
Riverside County's possessory interest tax levied on non-tribal members who lease tribal land for residential purposes was not preempted by federal government's extensive regulation of reservation land use. 		Native American Affairs 4DCA/2 Feb. 12, 2020
Muckleshoot Indian Tribe v. Tulalip Tribes
Matter properly dismissed where provision of original decision only allows for continuing jurisdiction as to determinations not already made. 		Native American Affairs 9th Dec. 19, 2019
FMC Corp. v. Shoshone-Bannock Tribes
Tribal court had jurisdiction over tribes' suit against corporation because corporation was nonmember who entered consensual relationship with tribe through permit fees and thus satisfied 'Montana v. United States' exception. 		Native American Affairs 9th Nov. 18, 2019
Chemehuevi Indian Tribe v. McMahon
Under 42 U.S.C. Section 1983, individual members of an Indian Tribe may seek relief for violations of federal law as individuals, not as a tribe. 		Native American Affairs 9th Aug. 20, 2019
In re A.W.
Under the Indian Child Welfare Act, if the proceeding involves an Indian child, the court must provide notice of the proceeding to the tribe or the Bureau of Indian Affairs. 		Native American Affairs 3DCA Aug. 14, 2019
Coeur d'Alene Tribe v. Hawks
Tribe's action to enforce the Tribal Court's judgment against nonmember presented a substantial issue of federal law; thus, district court had federal question jurisdiction. 		Native American Affairs 9th Aug. 12, 2019
Agua Caliente Tribe v. Sweeney
District court properly refused to compel Assistant Secretary of Indian Affairs to place tribe on list of federally recognized tribes published in Federal Register because tribe failed to exhaust administrative process. 		Native American Affairs 9th Aug. 8, 2019
People v. Native Wholesale Supply Co.
The Indian Commerce Clause did not preempt the Directory Statute and Fire Safety Act, and appellant, a corporation, lacked standing for equal protection clause purposes. 		Native American Affairs 3DCA Jul. 5, 2019
Skokomish Tribe v. Jamestown S'Klallam Tribe
Tribe failed to comply with the jurisdictional rules and pre-filing requirements of Judge's decision in 'United States v. Washington,' so summary judgment against the Tribe was proper. 		Native American Affairs 9th Jun. 27, 2019
U.S. v. Smith
Assimilative Crimes Act applies to Indian country by operation of 18 U.S.C. Section 7; thus, defendant's conviction on Indian Reservation affirmed. 		Native American Affairs 9th May 29, 2019
Herrera v. Wyoming
Tribe's hunting rights under Treaty did not expire upon Wyoming's statehood; thus, judgment of state appellate court vacated. 		Native American Affairs USSC May 21, 2019
Knighton v. Cedarville Rancheria of NPI
Tribal court had jurisdiction to hear claims which arose from conduct committed by nonmember on tribal lands due to tribe's inherent sovereign powers to exclude nonmembers from tribal land and protect self-government. 		Native American Affairs 9th Apr. 25, 2019
Modification: People v. Huber
When a mix of on-reservation and off-reservation conduct is at issue, California law is not preempted if there are off-reservation effects that necessitate State intervention. 		Native American Affairs 1DCA/4 Mar. 27, 2019
Chemehuevi Indian Tribe v. Newsom
Indian Gaming Regulatory Act permits tribes and states to negotiate duration of compact governing the conduct of tribe's class III gaming activities; thus, termination provision in compact was not void. 		Native American Affairs 9th Mar. 22, 2019
U.S. v. Cooley
The exclusionary rule applies to suppress evidence seized in violation of Section 1302(a)(2) of the Indian Civil Rights Act of 1968, which parallels the Fourth Amendment. 		Native American Affairs 9th Mar. 22, 2019
Washington State Dept. of Licensing v. Cougar Den, Inc.
The Yakama Treaty of 1855 created a right for Yakama Nation members to be exempt from state taxes on off-reservation commercial activity making use of public highways. 		Native American Affairs USSC Mar. 20, 2019
Knighton v. Cedarville Rancheria of NPI
Tribal courts have subject matter jurisdiction when nonmember employee conduct directly led to tort claims against the employee, the conduct threatened the tribe, and regulatory authority is not exceeded. 		Native American Affairs 9th Mar. 14, 2019
Franks Landing Indian Community v. National Indian Gaming Commission
Without formal recognition from Secretary of Interior, Indian community lacks authority to begin gaming operations. 		Native American Affairs 9th Mar. 13, 2019
People v. Huber
When a mix of on-reservation and off-reservation conduct is at issue, California law is not preempted if there are off-reservation effects that necessitate State intervention. 		Native American Affairs 1DCA/4 Feb. 27, 2019
Wilson v. Horton's Towing
Although marijuana was found on appellant while stopped on a state road, there was a 'direct connection to tribal lands' because appellant was leaving a casino on tribal land. 		Native American Affairs 9th Oct. 10, 2018
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 1DCA/2 Sep. 28, 2018
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 1DCA/4 Sep. 27, 2018
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