economic development

Oklahoma Federal Court Finds No Jurisdiction in Contract Dispute Involving Seneca-Cayuga Nation

Matthew L.M. Fletcher

Here are the materials in The Queens LLC v. Seneca-Cayuga Nation (N.D. Okla.):

2 Complaint

10 Motion to Dismiss — Immunity

13 Response

14 Reply

17 Surreply

32 Motion for Determination of Federal Court Jurisdiction

35 Response

37 Reply

38 DCT Order

Photo by Pavel Danilyuk on Pexels.com

Tamera Begay and Fletcher [in trickster forms] on Tribal Economic Development

Matthew L.M. Fletcher

Tamera Begay and Matthew Fletcher have posted “Ma’ii and Nanaboozhoo Fistfight in Heaven,” forthcoming in the Southwestern Law Review, on SSRN. Here is the abstract (more of a blurb, really):

The Navajo trickster Ma’ii and the Anishinaabe trickster Nanaboozhoo debate the future of tribal economic development [ostensibly reviewing Ezra Rosser’s new book].

Miigwetch, DALL-E, for another weird piece of fake art.

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.

Update:

Law Profs Amicus Brief.pdfDownload
Org Amicus Brief.pdfDownload
Coughlin BIO.pdfDownload

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

New York Federal Court Declines to Enjoin Smoke Shops at Cayuga

Matthew L.M. Fletcher

Here is the order in Cayuga Nation v. Parker (N.D. N.Y.):

59 DCT Order.pdfDownload
Akwesasne Notes, 1986

Prior post here.

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.