On June 6, 2024, the Supreme Court decided Becerra v. San Carlos Apache Tribe, No. 23-250, holding that the Indian Self-Determination and Education Assistance Act (ISDA), 25 U.S.C. § 5301 et seq., requires the Indian Health...more
On June 15, 2023, the U.S. Supreme Court decided Lac du Flambeau Band of Lake Superior Chippewa Indians, et al. v. Coughlin. The case involved a tribal entity, “Lendgreen,” that lent an individual, Brian Coughlin, “$1,100 in...more
On June 15, 2023, the U.S. Supreme Court decided Lac du Flambeau Band of Lake Superior Chippewa Indians et al. v. Coughlin, No. 22-227, holding that the Bankruptcy Code unambiguously abrogates the sovereign immunity of all...more
6/19/2023
/ Appeals ,
Bankruptcy Code ,
Bankruptcy Court ,
Chapter 11 ,
FACTA ,
Financial Services Industry ,
Lac du Flambeau Band of Lake Superior Chippewa Indians v Coughlin ,
Native American Issues ,
SCOTUS ,
Sovereign Immunity ,
Tribal Corporations ,
Tribal Loans
On June 1, 2021, the Supreme Court decided United States v. Cooley, No. 19-1414, holding that Indian tribe police officers retain authority to search and temporarily detain suspected non-Indian criminals on public...more
On July 9, 2020, the U.S. Supreme Court held in McGirt v. Oklahoma, No. 18-9526, that the Creek Nation’s reservation in northeastern Oklahoma has never been disestablished. The decision resolves not only McGirt, but its...more
7/13/2020
/ Criminal Convictions ,
Disestablishment ,
Federal Jurisdiction ,
Federal v State Law Application ,
Fee Simple ,
Land Titles ,
Major Crimes Act ,
McGirt v Oklahoma ,
Native American Issues ,
Reversal ,
SCOTUS ,
Treaties ,
Tribal Lands
On July 9, 2020, the U.S. Supreme Court decided McGirt v. Oklahoma, No. 18-9526, holding that the Creek Nation’s reservation in northeastern Oklahoma, which includes most of the city of Tulsa, has never been...more
7/13/2020
/ Criminal Convictions ,
Disestablishment ,
Federal Jurisdiction ,
Federal v State Law Application ,
Fee Simple ,
Land Titles ,
Major Crimes Act ,
McGirt v Oklahoma ,
Native American Issues ,
Reversal ,
SCOTUS ,
Treaties ,
Tribal Lands
On May 20, 2019, the Supreme Court of the United States decided Herrera v. Wyoming, No. 17-532, holding that hunting rights in modern-day Montana and Wyoming that the Crow Tribe of Indians acquired under its 1868 treaty with...more
5/21/2019
/ Abrogation ,
Criminal Convictions ,
Expiration Date ,
Herrera v Wyoming ,
Hunting ,
Hunting & Fishing Licenses ,
Issue Preclusion ,
National Parks ,
Native American Issues ,
Occupied Lands ,
Repudiation ,
Reversal ,
SCOTUS ,
States Rights ,
Treaties ,
Tribal Lands ,
Tribal Treaty Rights ,
Vacated
Two United States district courts recently dismissed cases involving the business operations of federally recognized Indian Tribes, both for lack of federal jurisdiction. These cases demonstrate the often difficult struggle...more
On May 21, 2018, the Supreme Court of the United States decided Upper Skagit Indiana Tribe v. Lundgren, No 17-387, holding that its prior decision in County of Yakima v. Confederated Tribes and Bands of Yakima Nation, 502...more
5/22/2018
/ Action to Quiet Title ,
In Rem Jurisdiction ,
Indian General Allotment Act ,
Jurisdiction ,
Land Owners ,
Land Purchases ,
Native American Issues ,
SCOTUS ,
Sovereign Immunity ,
Statutory Interpretation ,
Upper Skagit Indiana Tribe v Lundgren ,
Vacated ,
WA Supreme Court
The Subcommittee on Indian, Insular and Alaska Native Affairs held a July 13 hearing to compare 21st century trust land acquisition practices with the intent of the 73rd Congress in Section 5 of the Indian Reorganization Act...more