sovereign immunity

Investors Sue LDF Lake of the Torches EDC Again (This Time in Federal Court)

Matthew L.M. Fletcher1 Comment

Here is the complaint in Saybrook Tax Exempt Investors LLC v. Lake of the Torches Economic Development Corp. (W.D. Wis.):

Saybrook Federal Court Complaint

The state court complaint is here.

Federal Court Allows Pueblo of Santa Ana’s Challenge to N.M. Gaming Compact’s Jurisdiction Shifting Provisions to Proceed

Matthew L.M. Fletcher2 Comments

Here are the materials in Pueblo of Santa Ana v. Nash (D. N.M.):

Memo Opinion

Party Defendants Motion to Dismiss

Judge Nash Motion to Dismiss

Response to Party Defendants

Response to Judge Nash

Party Defendants Reply

Judge Nash Reply

Here are the materials in the state supreme court decision that is the subject of this challenge.

Corrected Opinion in Alltel v. DeJordy

Matthew L.M. Fletcher

Here:

ALLTEL V. DEJORDY – CORRECTED OPINION

Sovereign Immunity Decision from Crow Creek Sioux COA

Matthew L.M. Fletcher

Here is the opinion from the Northern Plains Intertribal Court of Appeals in Pease v. Crow Creek Sioux Tribe:

Pease Opinion

HCI Distribution Sues New York State to Recover Confiscated Truck Loaded with Native-Manufactured Smokes

Matthew L.M. Fletcher2 Comments

Here are the materials in HCI Distribution v. New York State Police (N.Y. Sup. Ct.):

2012-02-28 Order to show cause

2012-02-28 Final Verified Petition

2012-02-27 Tarbell Affidavit (Executed)

2012-02-28 Guerrero Affidavit (Executed)

2012-03-01 Amended RJI

1 State Police – Cover Letter

2 State Police – Answer

3 State Police – Exhibits

4 State Police – Memorandum of Law

5 State Police – Appendix Unreported Cases

6 State Police – Affidavits and Affirmations

7 State Police – NEB AAG Affd w Exhibits

Eighth Circuit Affirms Tribal Immunity from Federal Court Discovery in Third Party Suits

Matthew L.M. Fletcher

Here is today’s opinion in Alltel v. DeJordy:

Alltel v Dejordy

Here are the briefs:

OST Opening Brief

Alltel Brief

OST Reply

Lower court materials are here and here.

Cal. Appellate Court Remands Jamul Tribal Members’ Challenge to Tribal Gaming Operations

Matthew L.M. Fletcher

Here is the opinion in Jamulians against the Casino v. Iwasaki (Cal. App. 3rd Dist.):

Jamulians Against the Casino v Iwasaki

An excerpt:

Consistent with its litigation strategy in the trial court, the Tribe has declined to make a general appearance in this court as a respondent, but sought leave to appear as an amicus curiae (which we granted). Although the Tribe’s amicus brief makes colorable arguments in favor of its indispensible status, this is an issue on which the trial court must exercise its discretion in balancing several criteria in the first instance. We therefore will reverse the judgment sustaining the demurrer with directions to the trial court to address the merits of the issue on remand.

Federal Court Remands Missouri Case against Martin Webb Pay Day Lenders Back to State Court

Matthew L.M. Fletcher

Here are the materials in State of Missouri v. Webb (E.D. Mo.):

DCT Order Remanding Mo. Complaint to State Court

Webb Motion to Dismiss

Mo. Opposition to Motion to Dismiss

Webb Reply

Mo. Motion to Remand

Webb Opposition to Motion for Remand

Opening D.C. Circuit Brief in Vann v. Interior

Matthew L.M. Fletcher1 Comment

Here:

Opening Vann Brief

Kickapoo Court Dismisses Charges against Tribal Elected Officials

Matthew L.M. Fletcher1 Comment

Here is the news coverage.

An excerpt:

In her decision handed down on March 12, Judge Wahwassuck found:

1. The Plaintiffs (have) failed to carry their burden of establishing that the Kickapoo Tribe in Kansas and/or its agents (the Defendants herein) have waived tribal sovereign immunity in this matter.

2. The Plaintiffs have failed to demonstrate that they have a “property” right to their positions on the Gaming Commission, and thus have failed to demonstrate that their due process rights under the Indian Civil Rights Act were violated.

With these findings and her conclusion of law that the Defendants action was protected from suit under the doctrine of sovereign immunity, the Defendant’s motion to dismiss was granted with prejudice, meaning it cannot be refiled.