Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
B235963
|
J.M., a Minor
Indian Child Welfare Act notices do not require inclusion of information about child’s great-great-grandparents. |
Native American Affairs |
|
May 24, 2012 | |
D060868
|
American Property Management Corp. v. Superior Court (U.S. Grant Hotel Ventures LLC)
Entity created by Indian tribe under California law, rather than tribal law, is not protected by tribal sovereign immunity |
Native American Affairs |
|
May 24, 2012 | |
A132447
|
A.G., a Minor
Agency's failure to include information about relatives in notice to tribes as required by Indian Child Welfare Act requires reversal of order terminating parental rights. |
Native American Affairs |
|
Apr. 23, 2012 | |
A132447
|
A.G., a Minor
Agency's failure to include information about relatives in notice to tribes as required by Indian Child Welfare Act requires reversal of order terminating parental rights. |
Native American Affairs |
|
Apr. 17, 2012 | |
10-17687
|
Oklevueha Native American Church of Hawaii Inc. v. Holder
Church may bring pre-enforcement claim over its religious use of marijuana where there is genuine threat of imminent prosecution under Controlled Substances Act. |
Native American Affairs |
|
Apr. 9, 2012 | |
10-30185
|
U.S. v. Wilbur
Cigarette retailers do not violate Contraband Cigarette Trafficking Act during period where they were licensed Indian retailers because state cigarette tax did not apply to them. |
Native American Affairs |
|
Apr. 8, 2012 | |
10-17895
|
Salt River Project Agricultural Improvement and Power District v. Lee
Tribe is not necessary party in lawsuit against tribal officials where officials would adequately represent tribe’s interests and complete relief could be accorded. |
Native American Affairs |
|
Mar. 15, 2012 | |
10-15167
|
Miranda v. Braatz
Tribal courts may impose up to one-year term of imprisonment for each discrete criminal violation even though crimes arose out of single transaction. |
Native American Affairs |
|
Feb. 7, 2012 | |
11-30065
|
U.S. v. Juvenile Male
Overwhelming proof of tribal recognition, including blood and tribal enrollment, outweighs juvenile’s claim disputing his Indian status due to lack of social recognition. |
Native American Affairs |
|
Jan. 23, 2012 | |
D058674
|
The Yavapai-Apache Nation v. Iipay Nation of Santa Ysabel
California jurisdiction exists under amendment to loan agreement, under which tribe expressly waived sovereign immunity and allowed court resolution of disputes. |
Native American Affairs |
|
Nov. 30, 2011 | |
10-30274
|
U.S. v. LaBuff
Government proves defendant’s Indian status beyond reasonable doubt by showing that defendant received benefits that were reserved only to Indians. |
Native American Affairs |
|
Oct. 13, 2011 | |
10-35776
|
Confederated Tribes and Bands of the Yakama Indian Nation v. Gregoire
Washington cigarette tax requiring Indian tribe to collect tax from non-Indian purchasers is valid because 'legal incidence' of tax does not fall on tribe. |
Native American Affairs |
|
Sep. 25, 2011 | |
10-15167
|
Miranda v. Braatz
Tribal courts may impose up to one-year term of imprisonment for each discrete criminal violation even though crimes arose out of single transaction. |
Native American Affairs |
|
Aug. 18, 2011 | |
10-15519
|
Blue Lake Rancheria v. United States
Tribe’s business of leasing employees to businesses functions as 'common-law employer,' entitling tribe to exemption from paying federal unemployment taxes. |
Native American Affairs |
|
Aug. 12, 2011 | |
E051027
|
People ex rel. Harris v. Black Hawk Tobacco Inc.
Court properly issues preliminary injunction enjoining sales of cigarettes to non-Indians on trust lands held by federally-recognized tribe. |
Native American Affairs |
|
Aug. 9, 2011 | |
E050306
|
California Parking Services Inc. v. Soboba Band of Luiseno Indians
Arbitration clause does not waive Indian tribe's sovereign immunity because clause excluded rule providing consent to court jurisdiction. |
Native American Affairs |
|
Jul. 21, 2011 | |
10-382
|
U.S. v. Jicarilla Apache Nation
Fiduciary exception to attorney-client privilege is inapplicable to trust relationship between United States and tribe established and governed by statute. |
Native American Affairs |
|
Jun. 13, 2011 | |
09-17349
|
Water Wheel Camp Recreational Area Inc. v. LaRance
Tribe’s status as landowner supports jurisdiction over non-Indian corporation’s conduct on tribal land, which interfered directly with tribe’s inherent power to exclude. |
Native American Affairs |
|
Jun. 12, 2011 | |
10-35785
|
Blatchford v. The Alaska Native Tribal Health Consortium
Health care provider may only recover costs from third parties, not treated individuals, under Indian Health Care Improvement Act. |
Native American Affairs |
|
May 20, 2011 | |
C065746
|
Z.W., a Minor
Mother forfeits claims concerning defects to contents of final Indian Child Welfare Act notices after having multiple opportunities to correct deficiencies. |
Native American Affairs |
|
Apr. 7, 2011 | |
09-36150
|
Wapato Heritage LLC v. United States of America
Agency that administers Native American land does not become party to lease by virtue of its limited authority to approve lease on behalf of landowners. |
Native American Affairs |
|
Mar. 23, 2011 | |
07-16727
|
Paiute-Shoshone Indians of the Bishop Community of the Bishop Colony, California v. City of Los Angeles
Tribe’s action against City challenging United State’s transfer of land is properly dismissed because United States cannot feasibly be joined in action. |
Native American Affairs |
|
Mar. 15, 2011 | |
C065694
|
D.W., a Minor
Notice sent to tribes under Indian Child Welfare Act is adequate despite misspelling of child's paternal grandmother's first name. |
Native American Affairs |
|
Mar. 10, 2011 | |
D057034
|
Jack C., a Minor
Court's failure to defer to Indian tribe's determination that child was ‘Indian child’ is not good cause to deny transfer to tribal court. |
Native American Affairs |
|
Feb. 16, 2011 | |
10-72
|
Madison County v. Oneida Indian Nation of New York
Second Circuit must revisit ruling on sovereign immunity in light of tribe's ordinance waiving sovereign immunity to property taxation through foreclosure by government. |
Native American Affairs |
|
Jan. 10, 2011 | |
08-15570
|
Lyon v. Gila River Indian Community (In re Schugg)
U.S. is not indispensable party in dispute between Indian tribe and trustee of bankruptcy estate over right to parcel surrounded by reservation. |
Native American Affairs |
|
Nov. 25, 2010 | |
09-30193
|
U.S. v. Gallaher
Federal Death Penalty Act does not impose statute of limitation for first-degree murder, regardless of death penalty availability. |
Native American Affairs |
|
Oct. 26, 2010 | |
B222549
|
Jonah D., a Minor
Juvenile court has no reason to believe child has Indian ancestry based on vague and speculative information provided by grandparent. |
Native American Affairs |
|
Oct. 12, 2010 | |
09-35725
|
Nisqually Indian Tribe v. Gregoire
Tribe has no private right of action to challenge agreement governing taxation of cigarettes at parcels held in trust for individual Indians. |
Native American Affairs |
|
Oct. 4, 2010 | |
09-16942
|
Cachil Dehe Band of Wintun Indians of the Colusa Indian Community v. State of California
Calculation of license pool under Indian Gaming Regulatory Act must consider gaming machines applied to each eligible tribe. |
Native American Affairs |
|
Aug. 23, 2010 |