sovereign immunity

Update in Shirk v. Tanakeyowma (ISDEAA Sovereign Immunity Case)

Matthew L.M. Fletcher3 Comments

Here are the federal government’s pleadings in that case (and all the rest of the materials moved here as well):

Proposed United States’ Amicus Brief

Resp to USA’s Amicus Brief

Brief of Amicus Curiae in Opposition to Pltf.’s Motion to Set Aside Judgment

USA’s Mtn to Dismiss

USA’s Reply on MTD

Order Granting Rule 60 Relief (main opinion)

Under Advisement Ruling

Notice of Appeal

 

Arizona Court Holds ISDEAA Waives Tribal Immunity in State Court

Matthew L.M. Fletcher2 Comments

Here’s the court’s opinion.

An excerpt:

In this case, the GRIC officers were acting in the course and scope of their employment, but off the geographical boundaries of Indian Country. The Federal Tort Claim Act does not apply. Their activities instead fall within the intent of 25 U.S.C. § 450f(c). To the amount of GRIC liability coverage for the Defendants’ law enforcement activities off Indian Country not covered by FTCA, the GRIC has waived its Sovereign Immunity to suit in Arizona. The Court finds persuasive the U.S.A.’s Amicus Brief legal analysis. The Tribe has waived its Sovereign Immunity for the activities of the Defendant Officers in this case.

Complaint in Saybrook v. LDF and Godfrey & Kahn

Matthew L.M. Fletcher3 Comments

Here:

Saybrook complaint

Godfrey & Kahn Sued by Investors over Lac du Flambeau Bond Deal Done In by Immunity

Matthew L.M. Fletcher1 Comment

We’ll post the complaint, filed in state court, once we get it (if we get it).

Meanwhile, here’s the news coverage.

Federal Court Affirms Great Plains Tribal Chairmen’s Health Board’s Immunity

Matthew L.M. Fletcher

Here are the materials:

Opinion affirming immunity

Motion to Dismiss

Opposition

Reply

Complaint against Owen Valley Indian Housing Authority Dismissed

Matthew L.M. Fletcher

Here are the materials in Fritcher v. Zucco (E.D. Cal.):

Fritcher v Zucco Complaint

Zucco Motion to Dismiss

DCT Order Dismissing without Prejudice

A CVSG for Malaterre v. Amerind?

Matthew L.M. Fletcher1 Comment

The Malaterre v. Amerind cert petition is scheduled for this Friday’s Supreme Court Conference. Despite being a SCOTUSblog petition to watch, it really isn’t certworthy (though pretty much any tribal immunity-related petition attracts attention).

Might Malaterre be a candidate for CVSG, assuming it isn’t simply denied? Perhaps, for two reasons. First, the Court asked the OSG five times in the last couple Terms for the government’s views in Indian law cases. Second, the immunity question may depend on the Court’s interpretation and analysis of Section 17 of the Indian Reorganization Act.

Suit for Royalties in Southern Ute Well Dismissed under Rule 19

Matthew L.M. Fletcher

Here are the materials in Three Stars Prod. Co. v. BP America (D. Colo.):

DCT Order Dismissing under Rule 19

BP America Rule 19 Motion

Three Stars Response

BP Reply

Update in Northern Arapaho Tribe v. Harnsberger (Suit to Oppose State Taxes)

Matthew L.M. Fletcher2 Comments

Here are the appellee briefs (the appellant brief is here):

Fremont County Appellee Brief

Wyoming Appellee Brief

Eastern Shoshone Brief

US Brief

Connecticut Trial Court Quashes Subpoena of Mohegan and Mashantucket Pequot Tribal Representatives

Matthew L.M. Fletcher

Here is the order in Davis v. Senibaldi (Conn. Sup. Ct.):

Crowder Subpoena Memo

The tribes and tribal reps are third parties to a dram shop action, and the court held that sovereign immunity required the quashing on the subpoena.