Articles Posted in US Court of Appeals for the Ninth Circuit

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The Tribe filed suit seeking a declaration that it has the right to investigate violations of tribal, state, and federal law, detain, and transport or deliver a non-Indian violator encountered on the reservation to the proper authorities. The Ninth Circuit held that the first amended complaint raised a federal question that provided federal courts with subject matter jurisdiction under 28 U.S.C. 1331; the Tribe has presented a prudentially ripe case or controversy and the case is constitutionally ripe as well; and the district court's conclusion that the Tribe's response letter mooted all controversies between the parties was erroneous. Accordingly, the court reversed and remanded. View "Bishop Paiute Tribe v. Inyo County" on Justia Law

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The Ninth Circuit reversed the dismissal of relators' qui tam action alleging that the College violated the False Claims Act (FCA), 31 U.S.C. 3729-3733, by knowingly providing false progress reports on students in order to keep grant monies. The panel held that the Tribe is not a "person" under the FCA. The panel remanded for further jurisdictional factfinding on whether the College was an arm of the Tribe that shares the Tribe's status for purposes of the FCA. View "United States ex rel Cain v. Salish Kootenai College, Inc." on Justia Law

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The Ninth Circuit reversed the district court's decision to enjoin further tribal proceedings regarding whether the Navajo tribal court has jurisdiction over public school districts' employment decisions and practices conducted on the Navajo Reservation. The panel held that the employment-related claims arose from conduct on tribal land and implicate no state criminal law enforcement interests and therefore tribal jurisdiction was colorable or plausible under the panel's interpretation of Nevada v. Hicks, 533 U.S. 353 (2001). The panel explained that well-established exhaustion principles require that the tribal forum have the first opportunity to evaluate its own jurisdiction over this case, including the nature of the state and tribal interests involved. Because the panel's caselaw leaves open the question of what state interests might be sufficient to preclude tribal jurisdiction over disputes arising on tribal land, tribal jurisdiction was plausible enough here that exhaustion was required. View "Window Rock Unified School District v. Nez" on Justia Law