Here are the materials in White v. Regents of the University of California (N.D. Cal.):
Corrected UCSD Brief and Motion to Dismiss
DCT Order Granting Motion to Dismiss
Our prior post on this case is here.
sovereign immunity
Eleventh Circuit Affirms IRS Authority to Issue Subpoenas of Miccosukee Records
Here is the opinion in Miccosukee Tribe of Indians v. United States.
An excerpt:
This appeal presents three issues: (1) whether the Miccosukee Tribe may assert tribal sovereign immunity to quash summonses issued to third-party financial institutions by the Commissioner of the Internal Revenue Service to obtain tribal financial records relevant to an ongoing tax investigation; (2) whether the Commissioner issued the summonses for a proper purpose; and (3) whether the Tribe has standing to bring an overbreadth challenge to summonses issued to third parties and, if so, whether the summonses were overbroad. In 2010, the Commissioner issued four summonses to third-party financial institutions to determine whether the Tribe had complied with its federal withholding requirements during the period from 2006 to 2009. The Tribe petitioned to quash the summonses on the grounds of sovereign immunity, improper purpose, relevance, bad faith, and overbreadth. The district court denied those petitions. Because we conclude that tribal sovereign immunity does not bar the issuance of these third-party summonses, the district court did not clearly err when it found that the summonses were issued for a proper purpose, and the Tribe lacks standing to challenge the summonses for overbreadth, we affirm.
Briefs are here.
Lower court materials here.
Federal Court Dismisses Suit over Coalbed Methane Ownership Dispute on Tribal Immunity Grounds
Here are the materials in Farmer Oil & Gas Properties v. Southern Ute Indian Tribe (D. Colo.):
DCT Order Granting Southern Ute Motion
Update in Navajo Dine CARE v. Salazar Suit re Navajo Mine — Additional Update (11/6/12)
Here are the updated materials:
Navajo Intervention and Motion to Dismiss post
Update: FINAL 2012-10-18 Dine C.A.R.E.,et al. v. Salazar Not. Supp. Auth.
Update in Sharp Image Gaming v. Shingle Springs Miwok
The tribe here is appealing a state court trial decision holding that a jury should determine whether the tribe’s waiver of immunity was “reasonable.” There are other issues as well (for example, the NIGC issued an opinion on the underlying contract that the state trial court disregarded on various grounds). Here are the materials in Sharp Image Gaming v. Shingle Springs Band of Miwok Indians (Cal. App.):
2009-11-17 Ruling re Motion to Dismiss
2012-10-10 Tribes Opening Brief
Prior post on this case here.
Navajo Nation SCT Issues Immunity Decision
Here is the decision in Navajo Housing Authority v. Johns.
From the court’s syllabus:
In this appeal of the Crownpoint District Court’s denial of NHA’s motion to dismiss on the basis of sovereign immunity, the Court vacates the denial. Noting that the issue of NHA’s immunity has returned time and again to the Court, first on the basis of NHA’s codified plan of operations, subsequently on amendments to both NHA’s plan of operations and the Sovereign Immunity Act, the Court finds that NHA had immunity at all times relevant to this action. In reaching its decision, the Court overrules a quartet of cases concerning NHA’s immunity and reestablishes its 1987 opinion in NHA v. Dana as the controlling case.
Opening Seventh Circuit Brief in Challenge to Martin Webb Payday Lending Company’s Forum Selection Clause
Here is the opening brief in Jackson v. Payday Financial LLC:
Lower court materials here.
N.Y. Appellate Division Affirms Dismissal of Contract Claims against Seneca Gaming
Here is the opinion in Sue/Perior Concrete & Paving, Inc. v. Seneca Gaming Corp.:
Furry v. Miccosukee Cert Petition: State Dram Shop Actions and Immunity
Here:
Questions presented:
1. Does Justice Brandeis’ opinion in Turner v. United States, 248 U.S. 354 (1919) support the concept of tribal sovereign immunity or should that accidental doctrine, questioned in Kiowa Tribe of Oklahoma v. Manufacturing Technologies, Inc., 523 U.S. 751 (1998), be revised and discarded, at least in the context of tribal alcoholic beverage commercial activities?
2. Do Title 18 U.S.C. § 1161 and Rice v. Rehner, 463 U.S. 713 (1983), exclude tribal alcoholic beverage endeavors from sovereign immunity protection?
3. Does tribal sovereign immunity preclude a suit against an Indian Tribe which has obtained a state liquor license and has operated an alcoholic beverage facility pursuant to that liquor license and in the process has violated state law subjecting a license holder to liability?
Lower court materials here.
Federal Court Remands Tribal Gaming Lease Dispute to State Court
Here is the order in Apache Tribe of Oklahoma v. TGS Anadarko (W.D. Okla.):
DCT Order Remanding to State Court
Prior materials were here.
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