New Student Scholarship on the Second Circuit’s Decision in Oneida Indian Nation v. Madison County

The Buffalo Law Review has published, ‘The Power to Tax is the Power to Foreclose: Reuniting Law and Logic in Tribal Immunity from Suit.”

Wisconsin COA Affirms Stockbridge-Munsee Immunity in State Courts

Here are the materials in Koscielak v. Stockbridge-Munsee Community:

Wisc. COA Opinion

Kscoielak Opening Brief

Stockbridge-Munsee Brief

Kscoielak Reply Brief

Colorado Trial Court Quashes Subpoenas and Vacates Bench Warrants in Cash Advance Remand

Here is that opinion:

Order

Here is the Colorado Supreme Court decision remanding the case back to the trial court.

Opening Brief in Washington State Court Appeal re: Jurisdiction Over Tribal Casino Financing

Here is the opening brief in Outsource Services Mgmt LLC v. Nooksack Business Corp.:

670506 Appellant Nooksack Business’s

The issue (from the brief):

This Court should reverse for legal errors the denial of the Nooksack Business Corporation’s motion to dismiss Outsource Services Management LLC’s complaint. The trial court erred when it denied the Nooksack Business Corporation’s motion to dismiss for lack of subject matter jurisdiction, lack of personal jurisdiction and failure to state a claim. Reversal is required to preserve the sovereignty of the Tribe under Washington and federal law and this Court’s jurisprudence regarding jurisdiction, and to comply with the Indian Gaming Regulation Act.

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

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

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

Here:

Saybrook complaint

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

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

Here are the materials:

Opinion affirming immunity

Motion to Dismiss

Opposition

Reply

Complaint against Owen Valley Indian Housing Authority Dismissed

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

Fritcher v Zucco Complaint

Zucco Motion to Dismiss

DCT Order Dismissing without Prejudice