Federal Court Dismisses Tort Claim Against Alabama-Coushatta Tribe

Here are the materials in Jones v. Alabama-Coushatta Tribe (E.D. Tex.):

1 Complaint

9 Motion to Dismiss

12 Amended Complaint

18 Motion to Dismiss

20 Response

21 Reply

22 Surreply

25 Magistrate Report

26 Tribe Objections

27 Jones Objections

29 Tribe Response

30 Supplemental Motion to Dismiss

31 Response

32 Reply

33 Magistrate Report

34 Jones Objection

35 Response

36 DCT Order

An excerpt:

Jones’s objections to the Reports do not raise any new arguments to support his claim that his premises liability claim is not barred by sovereign immunity. He instead continues to argue that this court should follow Wilkes v. PCI Gaming Authority, 287 So.3d 330and hold that the Tribe’s sovereign immunity is waived in the interests of justice. But as discussed in the first Report, the only court to cite Wilkes has declined to follow it. See Oertwich v. Traditional Vill. of Togiak, 413 F. Supp. 3d 963, 968 (D. Alaska 2019). The court agrees with the magistrate judge that “Wilkes, an Alabama Supreme Court decision that has never been cited by any circuit court, is not enough for this court to override both Fifth Circuit case law dismissing damages claims based on tribal sovereign immunity or the case law from other circuits upholding sovereign immunity for claims sounding in tort.” (Doc. #25, at 6). Thus, this claim must be dismissed.

Federal Court Dismisses Tort Claim against Yocha Dehe Wintun Nation Gaming Company

Here are the materials in Nguyen v. Cache Creek Resort Casino (E.D. Cal.):

1 Complaint

24 Motion to Dismiss

25 Opposition

28 Reply

29 Motion for Sanctions

31 Magistrate Report

Church Parishioners Cert Petition in Seminole Tribe Immunity Case

Here is the petition in Eglise Baptiste Bethanie De Ft. Lauderdale, Inc. v. Seminole Tribe of Florida:

Eglise Baptiste v Seminole Cert Petition

Questions presented:

(1) Is a Native American tribe sovereignly immune from a civil suit for damages caused by the off-reservation violations by its police officers of the “place of religious worship” provisions of the Freedom of Access To Clinic Entrances Act of 1994, 18 U.S.C. § 248(a)(2) (“the Access Act”)?
(2) Are the “place of religious worship” and civil remedies provisions of the Access Act, as applied to a congregational leadership dispute, unenforceable because those provisions violate the Establishment of Religion and Free Exercise of Religion Clauses of the First Amendment to the United States Constitution?

Lower court materials here.

Materials in Suit against Caesars [Rincon Band]

Here are the materials so far in Pilant v. Caesars Entertainment Services Inc. (S.D. Cal.):

1 Notice of Removal

1-5 Complaint

3-1 Motion to Dismiss

4 Response

5 Reply

6 DCT Order

An excerpt:

This matter is before the Court on a motion by specially appearing Defendants Caesars Enterprise Services, LLC (“CES”) and Caesars Entertainment, Inc. (“CEI”) to dismiss the complaint for failure to join an indispensable party and for lack of personal jurisdiction. The motion has been fully briefed, and the Courtdeems it suitable for submission without oral argument. As discussed below, the motion to dismiss for failure to join an indispensable party is denied and the motion to dismiss for lack of personal jurisdiction is granted in part and denied in part.

Federal Court Holds Tribal Employee Not Covered by Kickapoo Tribe’s Insurance Policy in Auto Accident

Here are the materials in Dinger v. Wishenko (N.D. Ill.):

1-1 Garnishment Petition

52 Amended Counterclaim

58 Insurance Co. Motion for Summary Judgment

70 Wishenko Response

70-2 Order re Partial Settlement of Claim

74 Wishenko Motion for Summary Judgment

88 Insurance Co. Response

91 Wishenko Reply in Support of 74

108 DCT Order

Materials in the related Federal Tort Claims Act case, Dinger v. United States (D. Kan.):

1 FTCA Claim [docket no. 70-1 in N.D. Ill. case]

9 US Motion to Dismiss

10 Opposition

14 Reply

16 DCT Order

Second Circuit Affirms Oneida Victory in Property Dispute

Here is the opinion in Oneida Indian Nation v. Phillips.

Here are the briefs:

Phillips Brief

Oneida Brief

Reply

Lower court materials here.

Federal Court Declines to Dismiss Copyright Infringement Action against Tribal Official

Here are the materials in Marlon Blackwell Architects PA v. HBG Design Inc. (E.D. Ark.):

1 Complaint

9 HBG Motion to Dismiss

11 Berrey Motion to Dismiss

13 Saracen Development Motion to Dismiss

17 Response

33 DCT Order

Federal Court Finds Factual Misrepresentations Made to Fourth Circuit in Williams v. Big Picture Loans LLC

Here are the materials in Williams v. Big Picture Loans LLC (E.D. Va.) (this case is on remand from the Fourth Circuit):

599 DCT Order

601 DCT Order

613 Martorello Statement of Position

624 Williams Response to 613

784 Williams Statement of Position

910 Williams Supplemental Memorandum

944 DCT Order

Excerpts: Continue reading