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Last updated: February 4, 2010
Next update should be ready by: February 12, 2010
Selected Indian Law Cases Discovered: Through February 4, 2010
Please alert us to any
cases we may have missed from the U.S. Federal Trial Court
Sault Ste. Marie Tribe of Chippewa Indians V. Hamilton
2010 WL 299483
No. 2:09-CV-95
United States District Court,
W.D. Michigan, January 20, 2010
Subjects: not yet available
*Synopsis: (from the opinion) Plaintiff, the Sault Ste. Marie Tribe of Chippewa Indians, has sued Defendants, James Hamilton, Carolyn Hamilton, Bay Mountain Traders, LLC, and BMT Enterprises d/b/a Black Mountain Traders, Inc.; Barbara Dencklau and Roger Dencklau; and Tina Gardner, alleging that Defendants violated the Racketeer Influenced Corrupt Organizations Act (“RICO”), 18 U.S.C. § 1961, et seq. , and committed fraud. More particularly, the Tribe alleges that Defendants engaged in a scheme whereby Gardner, the Tribe's Gift Shop Director, purchased merchandise from Defendants far in excess of what the Tribe's casino gift shops had the ability to sell and in violation of the Tribe's policies and procedures. The Tribe further alleges that the Dencklaus and the Hamilton Defendants paid Gardner kickbacks on all merchandise purchased by the Tribe and provided Gardner all expense paid vacations to Minnesota and elsewhere as part of the fraudulent scheme.
*Holding: not yet available
Miccosukee Tribe of Indians of Florida v. United States
2010 WL 55467
No. 08-23001-CIV
United States District Court,
S.D. Florida, January 7, 2010
Subjects: not yet available
*Synopsis: (from the opinion) This case involves a federally-recognized Indian tribe claiming that certain water management actions by Defendants have caused high water levels on lands to which the Indian Tribe has rights, in violation of the Tribe's constitutional and statutory rights. Plaintiff Miccosukee Tribe of Indians of Florida is a federally recognized Indian Tribe residing on land in and near Everglades National Park. All “aboriginal” rights that the Miccosukee Tribe had to the lands were extinguished in 1982 as part of a court settlement between the United States and the Seminole Nation of Indians. The Miccosukee Tribe now holds a perpetual leasehold to a 189,000-acre tract of land to the north of Everglades National Park. The Lease was granted to the Miccosukee Tribe in 1982 by the Board of Trustees of the State of Florida Internal Improvement Trust Fund.
*Holding: not yet available
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