Cases
Experience: Represented an Indian tribe in obtaining an opinion from the National Indian Gaming Commission in November 2014 authorizing gaming on newly acquired l
s pursuant to the last recognized reservation exception under 25 U.S.C. 2719(a)(2)(B).
Representing the Sac
Fox Nation of Oklahoma
the surviving sons of Jim Thorpe in obtaining a determination in a federal court requiring a repatriation proceeding concerning his remains pursuant to the Native American Graves Protection
Repatriation Act, a ruling subsequently reversed by the Third Circuit
still on appeal, see Thorpe et al. v. Borough of Jim Thorpe, cv?10?1317, 2013 WL 1703572 (M.D. Pa. Apr. 19, 2013), rev'd, 770 F.3d 255 (3rd Cir. 2014).
Representing the Quapaw Tribe of Oklahoma
individual members of the tribe in breach-of-trust litigation before the U.S. Court of Federal Claims brought pursuant to a special congressional reference adopted by the United States House of Representatives in December 2013, see Bear et al. v. United States, 13?cg?51?TCW (Fed. Cl.) (pending).
Represented an Indian tribe in obtaining a partition in January 2013 of undivided fee
restricted Indian l
-one of the few such actions approved in modern times, see In re Estate of Armstrong, No. P-000073620IP (Interior Bd. Indian Apps. January 23, 2013).
Represented a tribal enterprise in connection with a $41.5 million senior secured credit facility in June 2012.
Representing the Quapaw Tribe of Oklahoma in major breach-of-trust litigation before the U.S. Court of Federal Claims initiated in January 2012, see Quapaw Tribe of Oklahoma v. United States, 12-cv-592-TCW (Fed. Cl.) (pending).
Representing more than 1, 000 members of the Quapaw Tribe of Oklahoma in breach-of-trust litigation before the U.S. Court of Federal Claims filed in January 2012, see Goodeagle et al. v. United States, 12-cv-431-TCW (Fed. Cl.) (pending).
Represented a tribal enterprise in connection with the issuance of $295 million in senior secured notes in July 2011.
Represented a tribal enterprise in obtaining a federal court decision holding that, as is also the case with respect to states, federal patent laws do not provide for waivers of immunity for claims against Indian tribes, see Specialty House of Creation, Inc. v. Quapaw Tribe of Oklahoma, No. 10?cv?371?GKF-TLW, 2011 WL 308903 (N.D. Okla. Jan. 27, 2011).
Representing Indian allottees in obtaining a federal court ruling in December 2010 permitting them to take direct action against a third party when the Secretary of the Interior refused to take action to collect proceeds from the sale of their resources, see Gilmore et al. v. Salazar et al., 748 F. Supp.2d 1299 (N.D. Okla. 2010), aff'd in part rev'd in part, No. 11-5025, 2012 WL 473530 (10th Cir. Feb. 2, 2012) (pending).
Represented the Quapaw Tribe of Oklahoma in litigation establishing an Indian tribe's right to pursue claims as a sovereign (parens patriae) for natural resource damages for the l
s within its Indian country jurisdiction, see Quapaw Tribe of Oklahoma et al. v. Blue Tee Corp. et al., 653 F. Supp. 2d 1166 (N.D. Okla. 2009).
Represented a tribal enterprise in obtaining a $25 million equipment financing facility in November 2007.
Represented a tribal enterprise in connection with the issuance of $197 million in senior notes
$52 million in senior subordinated notes in October 2007.
Represented federal royalty payor in litigation successfully establishing in ruling of first impression that federal statutes of limitation are applicable to collection of federal oil
gas royalties, see OXY USA, Inc., et al. v. Babbitt et al., 230 F.3d 1178 (10th Cir. 2001).
Represented Indian tribes
tribal enterprises in numerous actions relating to enforcing the exclusive jurisdiction of tribal courts over tort claims arising at Indian gaming enterprises in Oklahoma.
Represented tribes
tribal enterprises in numerous actions relating to the scope of tribal sovereign immunity
the scope of waivers given pursuant to such immunity, see, e.g., Native American Distributing v. Seneca-Cayuga Tobacco Co., 491 F. Supp. 2d 1056 (N.D. Okla. 2007) (tribal enterprises)
Berrey et al. v. Asarco, Inc., et al., 439 F.3d 636 (10th Cir. 2006) (claims in recoupment).
