the decision, the ILO failed to account for the Indian Canon of construction, not taking into consideration the United States’ role in weakening the Tribe by stripping their lands and recognition. Here the court looked at other evidence of the Tribe’s presence, such as baptisms of Indian children in the vicinity of the area of historical connection. The Court held that the DOI did not act outside its statutory authority in requiring tribes to show proof of a “significant historical connection” (§ 292) for the restored lands exception, but the application of this requirement to the Scotts Valley Band of Pomo Indians case was inconsistent with the purposes behind IGRA’s exception. Topics: IGRA; Restored Lands Exception; Gaming Birdbear v. United States (United States Court of Federal Claims) The Plaintiffs are members of the Three Affiliated Tribes of the Fort Berthold Indian Reservation and beneficial owners of allotted land on the reservation, who brought suit claiming that the statutes and regulations regarding oil and gas leases imposed fiduciary duties on the United States with respect to the approval and management of mineral leases on allotted lands and the United States has breached those obligations. The Court held that four of the claims met both prongs of the Indian Tucker Act (requiring proof of specific fiduciary or other duties on the government and whether the statute mandates compensation from the government) but found that the other claims lacked jurisdiction or were barred. Topics: Oil and Gas Leases; Indian Tucker Act; Fort Berthold Mineral Leasing Act Town of Indian River Shores v. City of Vero Beach (U.S. District Court for the Southern District of Florida) The court held that state action immunity did not insulate the City from potential federal antitrust liability because the alleged anticompetitive conduct foreclosing the plaintiff’s ability to receive water services from the County without the City’s consent, extended beyond any inherent, logical, or ordinary result of what the state authorized pursuant to a Florida Statute. Topics: Antitrust; Water services Old Indian Tricks, L.L.C. v. Sparks (U.S. District Court for the Western District LA) Plaintiff Old Indian sought monetary damages, penalties, and injunctive relief in state court under Louisiana laws for infringement, defamation and injury to business reputation. The Defendants removed the case to federal court, asserting diversity jurisdiction, but the Court remanded the case back because the Defendants lacked diversity. Topics: Louisiana Unfair Trade Practices and Consumer Protection Law; Civil Procedure Webb v. Off. & Hopi Indian Reservation (U.S. District Court for the District of Arizona) Plaintiff filed on behalf of his deceased mother, a member of the Hopi Nation, who applied for and was denied from relocation benefits under the Settlement Act because she was not the head of the household when she moved off Hopi Partitioned Lands (HPL). The Court granted the Defendant’s motion for summary judgement because the Office’s decision was not arbitrary and capricious. Topics: Settlement Act; Trustee Obligations. Archambault v. United States (U.S. District Court for the District of South Dakota) Plaintiff, mother of Jacob Archambault Spotted Tail, who was shot and killed during an encounter with two Rosebud Sioux Tribe police Officers, brought suit alleging that the officers violated her son’s constitutional rights and that she and Jacob’s estate were entitled to damages. The Court granted motions to dismiss and claims against the United States, but stayed the Bivens claim against the tribal police officers, pending available court remedy. Topics: Bivens Action; Constitutional Rights
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