Ninth Circuit Briefs in Attempt to Arbitrate Pechange Tort Claims Statute under IGRA

Matthew L.M. Fletcher

Here are the briefs in Cosentino v. Pechanga Band of Luiseño Mission Indians:

Cosentino Opening Brief

Pechanga Answer Brief

Repky brief TK

Lower court materials (C.D. Cal.):

12-1 Pechanga Motion to Dismiss

13 Cosentino Response

20 DCT Amended Order

3 thoughts on “Ninth Circuit Briefs in Attempt to Arbitrate Pechange Tort Claims Statute under IGRA”

  1. Chi Jia August 14, 2014 / 12:02 am

    This case is not attempting to arbitrate Pechanga’s tort claims statute at all. And the case isn’t attempting to do anything under IGRA. Didn’t you read the briefs? He’s trying to arbitrate tort claims under 9 u.s.c. Sec. 4, the Compact, and the Pechanga Tort Claims Ordinance. He is arguing that the tribe violated its compact, and therefore IGRA, by adopting unilateral restrictions in its ordinance to bar arbitration of certain tort claims. The compact obligates the tribe to arbitrate “all claims.” He is arguing that, since the tribal ordinance violates the compact/IGRA, the ordinance is void. Your headline is very misleading. It should read “attempt to compel arbitration under Pechanga Tort Claims Ordinance.”

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