Contributors
Category Archives: sovereign immunity
Ninth Circuit Decides Hestand v. Gila River Indian Community [Attorney Employment Claims]
Here is the unpublished opinion. Briefs here.
Third Circuit Briefs in United States v. Neff [third-party use of tribal immunity defense; “rent-a-tribe”]
Here are the materials in United States v. Neff: Hallinan Appellant Brief Neff Appellant Brief US Answer Brief Neff Reply Hallinan Reply
SCOTUS Denies Cert in St. Regis Mohawk v. Mylan
Here is today’s order list. Cert stage materials in that case are here.
Buchwald Capital Advisors LLC v. Sault Ste. Marie Tribe of Chippewa Indians Cert Petition [Bankruptcy Code + Sovereign Immunity]
Here: buchwald cert petition Question presented: Whether the Bankruptcy Code abrogates the sovereign immunity of Indian tribes. Lower court materials here.
Posted in Author: Matthew L.M. Fletcher, economic development, Indian gaming, Michigan Indian, Research, sovereign immunity, Supreme Court
Tagged Bankruptcy Act, Buchwald Capital Advisors LLC v. Sault Ste. Marie Tribe, cert petition, Eastern District of Michigan, Eastern District of Michigan -- Bankruptcy, federal statutes of general applicability, In re Greektown Holdings LLC, Sixth Circuit, Supreme Court, tribal sovereign immunity
Split Sixth Circuit Panel Confirms Tribal Immunity in Bankruptcy Act Proceedings
Here is the opinion in In re Greektown Holdings LLC. Briefs: buchwald-brief.pdf sault-tribe-brief.pdf buchwald-reply.pdf Lower court materials and prior posts here.
Posted in Author: Matthew L.M. Fletcher, economic development, Indian gaming, Michigan Indian, Research, sovereign immunity
Tagged Bankruptcy Act, Buchwald Capital Advisors LLC v. Sault Ste. Marie Tribe, Eastern District of Michigan, Eastern District of Michigan -- Bankruptcy, federal statutes of general applicability, In re Greektown Holdings LLC, Sixth Circuit, tribal sovereign immunity
Washington Appellate Court Holds Tribal Gaming Commission Immune from Suit
Here are the materials in Long v. Snoqualmie Gaming Commission (Wash. Ct. App.): opinion.pdf appellant-brief.pdf appellee-brief.pdf reply-2.pdf
Eighth Circuit Decides Stanko v. Oglala Sioux Tribe
Here is the opinion. Briefs here.
Federal Court Holds Individual Members of Tribal Corporate Board Can Be Sued under False Claims Act
Here are the materials in Cain v. Salish Kootenai College (D. Mont.): 110 SKC Motion to Certify 112 Individual Defendants MTD 115 Response to 110 116 Response to 112 117 Reply in Support of 110 118 Reply in Support of … Continue reading
Posted in Author: Matthew L.M. Fletcher, Education, Research, sovereign immunity
Tagged Cain v. Salish Kootenai College, District of Montana, False Claims Act, Lewis v. Clarke, Ninth Circuit, Section 17 corporation immunity, tribal sovereign immunity, United States ex rel. Cain v. Salish Kootenai College
Mitchell v. Tulalip Tribes Cert Petition
Here: mitchell-cert-petition.pdf Question presented: Does sovereign immunity bar the federal courts’ consideration of a declaratory judgment action to determine whether Respondent Tribes can exercise regulatory/taxing authority over real property owned in fee by Petitioners non-Indians, pursuant to allotments that were … Continue reading
Fourth Circuit Briefs in Williams v. Big Picture Loans
Here: appellant brief williams appellee brief center for responsible lending amicus brief conference of tribal lending commissioners amicus brief States Brief ncai amicus brief Redacted Reply Brief Lower court materials here.
Posted in Author: Matthew L.M. Fletcher, economic development, Research, sovereign immunity, Tribal Codes, tribal courts
Tagged Eastern District of Virginia, Fourth Circuit, Lac Vieux Desert Band of Lake Superior Chippewa Indians, tribal official immunity, tribal sovereign immunity, Williams v. Big Picture Loans LLC
