Category Archives: sovereign immunity

Ninth Circuit Decides Hestand v. Gila River Indian Community [Attorney Employment Claims]

Here is the unpublished opinion. Briefs here.

Posted in Author: Matthew L.M. Fletcher, Research, sovereign immunity | Tagged , ,

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

Posted in Author: Matthew L.M. Fletcher, Criminal, economic development, Research, sovereign immunity | Tagged , , , , ,

SCOTUS Denies Cert in St. Regis Mohawk v. Mylan

Here is today’s order list. Cert stage materials in that case are here.

Posted in Author: Matthew L.M. Fletcher, economic development, Research, sovereign immunity, Supreme Court | Tagged , , , , ,

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 , , , , , , , , ,

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 , , , , , , ,

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

Posted in Author: Matthew L.M. Fletcher, Indian gaming, Research, sovereign immunity | Tagged , , ,

Eighth Circuit Decides Stanko v. Oglala Sioux Tribe

Here is the opinion. Briefs here.

Posted in Author: Matthew L.M. Fletcher, Research, sovereign immunity, tribal courts | Tagged , , , , , ,

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 , , , , , , ,

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

Posted in Author: Matthew L.M. Fletcher, Research, sovereign immunity, Supreme Court, Tribal Codes, tribal courts | Tagged , , ,

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 , , , , ,