economic development

Montana Federal Court Dismisses Contract Claim over Sale of C-Store on Trust Land at Blackfeet [interpretation of 28 U.S.C. § 1353]

Matthew L.M. Fletcher

Here are the materials in Kumar v. Schildt (D. Mont.):

1 Complaint

13 Motion to Dismiss

16 Response

17 Reply

24 DCt Order

Luckily for all parties, the tribal court appears to be across the street from the store.

Lac Du Flambeau Ojibwe Cert Petition in Bankruptcy Act/Sovereign Immunity Case

Matthew L.M. Fletcher

Here is the petition in Lac du Flambeau Band of Lake Superior Chippewa Indians v. Coughlin:

ldf-cert-petitionDownload

Question presented:

Whether the Bankruptcy Code expresses unequivocally Congress’s intent to abrogate the sovereign immunity of Indian tribes.

Lower court materials here.

Split Oklahoma SCT Rules against Cherokee Nation’s Claims for COVID Business Losses Coverage

Matthew L.M. Fletcher

Here are (many of) the materials in Cherokee Nation v. Lexington Insurance Co.:

Oklahoma SCT Opinion.pdfDownload
Cherokee Brief.pdfDownload
Insurers Opposition.pdfDownload
Reply.pdfDownload

Maryland Federal Court Dismisses RICO Action against MHA Nation Officials

Matthew L.M. Fletcher

Here are the materials in Manago v. Cane Bay Partners VI LLLP (D. Md.):

90 Motion to Dismiss — Personal Jurisdiction

90-1 Memorandum

91 Motion to Dismiss — 12b6

91-1 Memorandum

99 Response to 91

100 Response to 90

103 Reply in Support of 90

104 Reply in Support of 91

106-1 LCO Complaint

111 DCT Order

Former MHA Nation chairs . . . .

Tenth Circuit Rules against Cherokee Companies in Employee Poaching Suit

Matthew L.M. Fletcher

Here are the materials in LS3 Inc. v. Cherokee Nation Strategic Programs LLC:

Unpublished Opinion.pdfDownload
Opening Brief.pdfDownload
Appellee Brief.pdfDownload
Reply.pdfDownload
From Sarah Cooper’s 10 Tricks to Appear Smart in Meetings

D.C. Federal Court Rules in Favor of Small Business Admin. in Dispute with Corp. Claiming to be Owned by Recognized Tribe

Matthew L.M. Fletcher

Here are the materials in GTEC Industries Inc. v. Guzman (D.D.C.):

1 Complaint

33-1 SBA Motion

34-1 GTEC Motion

37 SBA Response

38 GTEC Response

39 GTEC Reply

40 SBA Reply

49 GTEC Surreply

50 DCT Order

Fletcher Reflections on Professionalism in Tribal Jurisdictions

Matthew L.M. Fletcher

Fletcher has posted “Reflections on Professionalism in Tribal Jurisdictions,” a short paper prepared for a special issue of the Michigan Bar Journal.

The abstract:

In this article, I will canvass several themes of professionalism in tribal practice, drawing my tribal law experience. Many lawyers to undervalue — even disrespect — tribal governance. This lack of professionalism has significant costs to tribal governments, tribal business, and their business partners.

Another irrelevant image.

Tenth Circuit Dismisses Appeal and Awards Attorney Fees to Iowa Tribe

Matthew L.M. Fletcher

Here are the materials in Monster Tech. Group v. Eller:

Monster Tech Motion to Dismiss.pdfDownload
Tribe Motion for Attorney Fees.pdfDownload
Monster Tech Response to Motion for Attorney Fees.pdfDownload
Tribe Response to Motion to Dismiss.pdfDownload
Reply in Support of Motion to Dismiss.pdfDownload
Reply in Support of Motion for Attorney Fees.pdfDownload
Unpublished Opinion.pdfDownload

Merits briefs here.

Lower court materials here.

Alabama Federal Court Dismisses Civil Claims against Defense Contractor Owned by Eastern Band Cherokee

Matthew L.M. Fletcher

Here are the materials in Aquate II v. Myers (N.D. Ala.):

1 Complaint.pdfDownload
18 Motion to Dismiss.pdfDownload
27 Opposition.pdfDownload
31 Reply.pdfDownload
39 DCT Order.pdfDownload