sovereign immunity – Page 111

A CVSG for Malaterre v. Amerind?

January 10, 2012January 10, 2012Matthew 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

January 10, 2012Matthew 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)

January 4, 2012Matthew 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

January 3, 2012Matthew 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.

Miccosukee Tribe Loses Non-Intercourse Act Claim in State Eminent Domain Case

January 3, 2012Matthew L.M. Fletcher

Here is the opinion in Miccosukee Tribe of Florida v. Dept. of Environmental Protection (Fla. App.).

Here is an excerpt:

The Miccosukee Tribe of Indians of Florida petitions for a writ of certiorari to quash the trial court’s order that denied its motion for final summary judgment in an eminent domain proceeding based on the Tribe’s alleged sovereign immunity and/or the provisions of the Federal Nonintercourse Act, 25 U.S.C. § 177. In response, the Department of Environmental Protection contends that the three parcels of land at issue, which the Tribe purchased on the open market, are not protected by either the Tribe’s sovereignty or the Nonintercourse Act. Because the Tribe has not shown that the trial court’s ruling departs from the essential requirements of the law, we deny the petition.