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Supreme Court clears the way for a lawsuit over the federal government's land acquisition for the Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians

USA - June 18 2012 On June 18, 2012, the U.S. Supreme Court of the United States decided Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians v. Patchak and Salazar v. Patchak, 567 U.S. ___ (2012).

Richard A. Duncan, Aaron J. Harkins, Kent E. Richey

Supreme Court decides Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians v. Patchak

USA - June 18 2012 On June 18, 2012, the U.S. Supreme Court decided Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians v. Patchak et al., No. 11-246, holding that (1) the United States government does not have sovereign immunity from the suit under the Quiet Title Act where a plaintiff does not assert any right or interest in the title of the property; and (2) the landowner had prudential standing to challenge the Secretary of the Interior's acquisition of land in trust.

Aaron J. Harkins, Bruce Jones, Trina K. Taylor

Supreme Court decides Salazar v. Ramah Navajo Chapter

USA - June 18 2012 On June 18, 2012, the U.S. Supreme Court decided Salazar v. Ramah Navajo Chapter et al., No. 11-551, holding that under the Indian Self-Determination and Education Assistance Act (ISDA), the government must pay every tribe's "self-determination" contract support costs in full.

Aaron J. Harkins, Bruce Jones, Trina K. Taylor

Eighth Circuit decision further clarifies the principle of tribal sovereign immunity

USA - April 9 2012 On April 4, 2012, in Alltell Communications, LLC v. DeJordy, the United States Court of Appeals for the Eighth Circuit held that a third-party subpoena in private civil litigation is a "suit" for purposes of an Indian tribe's common law sovereign immunity, thus requiring waiver or congressional abrogation of that immunity before compliance with the subpoena may be compelled.

Richard A. Duncan