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Native American Law
 
Rodney Bell, Jr. v. Native American Coalition of Tulsa, Inc.

Rodney Bell, Jr. sued Native American Coalition of Tulsa, Inc. claiming:

1. Plaintiffs Rodney Bell, Jr. and Twamequa Bell are the parents and legal guardians of the minor plaintiff Rodney Bell, III and are residents of Tulsa County, Oklahoma.

2. Defendant Native American Coalition of Tulsa, Inc., is a not for profit corporation organized under the laws of the State of Oklahoma an... More...
   $18500 (02-18-2013 - OK)

Theodore L. Hansen v. PT Bank Negara Indonesia (Persero)

Plaintiffs-Appellants Theodore L. Hansen, Interstate Energy Corp. and Triple M, L.L.C., appeal from the district court’s judgment in favor of Defendant- Appellee PT. Bank Negara Indonesia (Persero) Tbk. (“BNI”). BNI is a banking corporation established under the laws of Indonesia. Plaintiffs sued BNI and various other defendants based on BNI’s refusal to honor certain bank guaranties and l... More...   $0 (02-06-2013 - UT)

Tuolumne Jobs & Small Business Alliance v. Wal-Mart Stores, Inc.

It is settled that when a development project is approved by means of a ballot initiative placed on the ballot by voters and adopted by them in an election, the project is exempt from environmental review under the California Environmental Quality Act (Pub. Resources Code, § 21000 et seq.) (CEQA). (See CEQA Guidelines, § 15378 (b)1.) In this case, real parties in interest Wal-Mart Stores, Inc., ... More...   $0 (10-30-2012 - CA)

Muscogee (Creek) Nation, Division of Houston v. United States Department of Urban Development

The dispute in this case involves interest earned on block grants made to Indian tribes pursuant to the Native American Housing Assistance and Self-Determination Act of 1996, 25 U.S.C. §§ 4101-4243. Specifically, Appellant Muscogee (Creek) Nation Division of Housing challenges both a regulation placing a two-year limit on the investment of grant funds and two notices issued by the U.S. Departmen... More...   $0 (10-30-2012 - OK)

Dr. Leonard Chukwualuka Onyiah v. St. Cloud State University

Dr. Leonard Chukwualuka Onyiah sued St. Cloud State University and the Board of Trustees of Minnesota State Colleges and Universities (collectively, the University) for wage discrimination based on race, national origin, and age in violation of Title VII of the Civil Rights Act, 42 U.S.C. § 2000e-2(a)(1), and the Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 623(a)(1). The district co... More...   $0 (07-02-2012 - MN)

John V. Furry v. Miccosukee Tribe of Indians of Florida d/b/a Miccosukee Resort & Gaming

The appeal presents us with tragic facts; it also yields a straightforward legal resolution. John Furry, as personal representative of the estate of his daughter Tatiana Furry, appeals the district court’s order granting the Miccosukee Tribe’s motion to dismiss his complaint. Furry complained that the Miccosukee Tribe violated 18 U.S.C. § 1161 and Florida’s dram shop law by knowingly servin... More...   $0 (06-29-2012 - FL)

Reginald Jones v. UPS Ground Freight

Reginald Jones brought this action against UPS Ground Freight, Inc. (“UPSF”), his former employer, on July 1, 2009. Mr. Jones alleged that he had been subjected to a racially hostile work environment in violation of 42 U.S.C. § 1981 and Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2.1 The district court entered summary judgment in favor of UPSF on December 30, 2010, and Mr. J... More...   $0 (06-11-2012 - AL)

Catherynne Kendrick v. Lavonda Donavion

Arkansas inmate Catherynne Whtyefawn Kendrick appeals following the district court’s disposition of her claims against Sergeant Lavonda K. Donavion, the sole remaining defendant in this 42 U.S.C § 1983 action. Upon careful review, we conclude that Kendrick administratively exhausted her constitutional claims arising from the confiscation of her Catholic Bible, rosary beads, and other religious ... More...   $0 (03-01-2012 - AR)

James E. Large v. Fremont County Wymoning

We are called upon in this appeal to decide what level of deference—if any—must be afforded to a local governmental entity’s proffered plan to remedy an adjudged violation of Section 2 of the Voting Rights Act of 1965, 42 U.S.C. § 1973 (“Section 2”), when that proposed remedy unnecessarily conflicts with state law. We believe that when such plans in effectuating their remedial purposes ... More...   $0 (02-22-2012 - WY)

Charles W. Parsons v. Shonda Klingamon

¶1 Appellant State of Oklahoma DHS ex rel. Oklahoma Child Support Services (DHS) appeals an order of the small claims court denying its motion to vacate/motion for new trial. The court's underlying judgment awarded a father $2,500 for what he alleged he was owed for child support payments. Because the matter was not within the small claims court's jurisdiction, we reverse.

FACTS

... More...
   $0 (12-29-2011 - OK)

In the Matter of the Adoption of G.D.J.

¶1 The Petitioners/Appellees, Teryl Pearson and Robert Pearson (Pearsons) petitioned to adopt Teryl Pearson's (Pearson) grandson, G.D.J. (FA 2008-24, Jackson County, Oklahoma) by filing a Petition for Adoption, and an Application to Adjudicate Minor Eligible for Adoption Without Consent of the Natural Mother. The natural mother, Tessia Bre Stubbs (Stubbs), Respondent/Appellant, contested the adop... More...   $0 (09-27-2011 - )

Christopher Yancey v. Timothy Thomas

Christopher Yancey filed an action in the United States District Court for the Western District of Oklahoma contending that Oklahoma state-court rulings terminating his parental rights over his Indian child were invalid under the Indian Child Welfare Act (ICWA), 25 U.S.C. §§ 1901-1963. The district court dismissed his action, determining that either federal abstention was mandated, or the action... More...   $0 (09-20-2011 - OK)

Southern Ute Indian Tribe v. Katherleen Sebelius

This is the second appeal in litigation arising from the Secretary of Health and Human Services’ (“HHS”) decision not to enter into a self-determination contract with the Southern Ute Indian Tribe (“Tribe”). In an initial order, the district court ruled that HHS’s decision was unlawful, granted summary judgment to the Tribe, and directed the parties to prepare a proposed order for inju... More...   $0 (09-19-2011 - NM)

U.S. ex rel. Wright v. Chevron USA, Inc. et al.

BP Amoco Corp. (formerly Amoco Corp.), Amoco Production Company, BP Exploration & Oil Inc., BP America Inc., Atlantic Richfield Company and Vastar (the BP defendants) have agreed to pay the United States $20.5 million to resolve claims that the companies violated the False Claims Act by knowingly underpaying royalties owed on natural gas produced from federal and Indian leases, the Justice Departm... More...   $20500000 (09-16-2011 - DC)

Hilda L. Solis v. State of Washington

The Secretary of Labor1 has filed a complaint against the State of Washington, Department of Social and Health Services (“DSHS”), alleging that DSHS has failed to pay overtime compensation to certain social workers in violation of the Fair Labor Standards Act of 1938, as amended, 29 U.S.C. § 201, et seq. (“FLSA”). The district court granted summary judgment in favor of DSHS, concluding th... More...   $0 (09-09-2011 - WA)

Fond Du Lac Band v. Myron Frans

The Fond du Lac Band of Lake Superior Chippewa (“Band”) sued the Commissioner of the Minnesota Department of Revenue to prevent taxation of the out-of-state pension income of Band members. The Band advances two arguments against the taxation: due process and preemption. The district court2 ruled for the Commissioner. Having jurisdiction under 28 U.S.C. § 1291, this court affirms.

The f... More...
   $0 (08-12-2011 - MN)

Maria C. Willits v. Job Service North Dakota of Richland County

[¶1] Maria Willits appeals from a judgment affirming a decision of Job Service North Dakota denying her application for unemployment benefits after Job Service found she voluntarily left her employment without showing good cause attributable to her employer. We affirm, concluding a reasoning mind reasonably could have determined that Willits did not make a reasonable effort to preserve her employ... More...   $0 (07-13-2011 - ND)

Jerry R. Dilliner v. Seneca-Cayuga Tribe of Oklahoma

¶1 The question before us is whether the Seneca-Cayuga Tribe of Oklahoma expressly and unequivocally waived its sovereign immunity with respect to certain employment contracts entered into with tribal employees. The Seneca-Cayuga Tribe of Oklahoma (Tribe) is a federally recognized Indian tribe. The Tribe has a Constitution and By-Laws. The Tribe also was issued a corporate charter by the Secretar... More...   $0 (06-28-2011 - OK)

David Torgerson v. City of Rochester

David Jaye Torgerson and Jami Kay Mundell challenge the City of Rochester, Minnesota’s decision not to hire them as firefighters. Torgerson, a Native American, alleges disparate-treatment discrimination based on national origin. Mundell, a female, alleges disparate-treatment discrimination based on gender. They claim that the City violated Title VII of the Civil Rights Act of 1964, 42 U.S.C. §... More...   $0 (06-01-2011 - MN)

Ramah Navajo Chapter v. Kenneth Salazar

We are faced with an apparent contradiction. Pursuant to the Indian Self- Determination and Education Assistance Act (“ISDA”), the United States enters into self determination contracts with Indian tribes and tribal organizations “for the planning, conduct and administration of programs or services which are otherwise provided to Indian tribes and their members pursuant to Federal law.” 25... More...   $0 (05-09-2011 - NM)

Richard Laughter v. Gallup Indian Medical Center

This is an appeal from the dismissal of a complaint alleging discrimination under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq. The district court dismissed the complaint for failure to exhaust administrative remedies. We take jurisdiction under 28 U.S.C. § 1291 and AFFIRM.

I. DISCUSSION

The following facts are not in dispute and are taken from the district ... More...
   $0 (04-07-2011 - NM)

Maria M. Gonzalez v. State of Arizona

Proposition 200 requires prospective voters in Arizona to present documentary proof of citizenship in order to register to vote, Ariz. Rev. Stat. §§ 16-152, 16-166, and requires registered voters to present proof of identification in order to cast a ballot at the polls, Ariz. Rev. Stat. § 16-159. This appeal raises the questions whether Proposition 200 violates the Voting Rights Act § 2, 42 U.... More...   $0 (10-29-2010 - )

H.B. Rowe Company v. W. Lyndo Tippett

This case arises from the attempt by the people of North Carolina and their elected representatives to end racial and gender-based discrimination in state highway construction subcontracting. The State’s statutory scheme—the product of extensive study and refinement in response to developments in federal law—requires prime contractors to engage in good faith efforts to satisfy participation ... More...   $0 (07-22-2010 - NC)

State ex rel. Edmondson v. Native Wholesale Supply

¶1 This appeal presents two dispositive issues for the court's resolution: (1) Is an Oklahoma court a constitutionally sanctioned forum for the exercise of personal jurisdiction to adjudicate an alleged violation of a state statute by Native Wholesale Supply, a nonresident corporation that claims to have no minimum contacts with Oklahoma? and (2) Does federal law bar Oklahoma from enforcing the C... More...   $0 (07-06-2010 - OK)

State of Oklahoma ex rel. W.A. "Drew" Edmondson v. Native Wholesale Supply

¶1 This appeal presents two dispositive issues for the court's resolution: (1) Is an Oklahoma court a constitutionally sanctioned forum for the exercise of personal jurisdiction to adjudicate an alleged violation of a state statute by Native Wholesale Supply, a nonresident corporation that claims to have no minimum contacts with Oklahoma? and (2) Does federal law bar Oklahoma from enforcing the C... More...   $0 (07-06-2010 - OK)

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