sovereign immunity – Page 114

The court has dismissed the plaintiff’s claims that were not appealed to the tribal appellate court for failure to exhaust tribal remedies. Other claims remain extant due to a waiver of immunity.

Here are the materials:

DCT Granting Motion to Dismiss in Part

RST Supplemental Memorandum

RST 2d Supplemental Memorandum

Columbe Affidavit

Prior materials are here.

Cert Opposition Brief in Gila River Indian Community v. Lyon

September 26, 2011Matthew L.M. Fletcher

Here:

Lyon Cert Opposition Brief

The cert petition is here. The Indian Land Working Group Amicus brief is here.

Washington Supreme Court Agrees to Review Constitutional Challenge to State-Tribal Tax Agreements

September 20, 2011Matthew L.M. Fletcher1 Comment

Here is the news article, via Pechanga.

And the materials so far:

Brief_of_Appellant_AUTO

Wash SCT Accepting Direct Review

Lower court materials:

State Motion to Dismiss

AUTO Response

Miami Tribe Cert Opposition Brief

September 19, 2011September 18, 2011Matthew L.M. Fletcher

Here:

Miami Tribe cert opp

Federal Court Rejects Contractor’s Demand for Arbitration, Citing Stillaguamish Immunity

September 15, 2011September 15, 2011Matthew L.M. Fletcher

Here are the materials in Stillaguamish Tribe of Indians v. Pilchuck Group II L.L.C. (W.D. Wash.):

DCT Order Granting Stillaguamish Tribe Motion

Stillaguamish Motion for Summary J

Pilchuck Group Motion for Summary J

Stillaguamish Complaint

Stillaguamish Motion for PI

Puyallup Tribal Police Officer Immunity Upheld

September 15, 2011September 14, 2011Matthew L.M. Fletcher1 Comment

Here is the Washington Court of Appeals’ unpublished decision in Young v. Duenas.

Here is an excerpt:

Chris Young appeals the trial court’s CR 12(b)(1) dismissal of his claims for lack of subject matter jurisdiction. He argues that the defendant tribal police officers present at the time of his brother’s death are not protected by the Puyallup Tribe’s sovereign immunity and that the state should have subject matter jurisdiction over the case. Because the officers acted in their official capacity and within the scope of the tribe’s authority, the trial court properly dismissed based on sovereign immunity. We affirm.

Federal Government and Cherokee Nation Responses to Cherokee Freedmen Motion to Enjoin Principal Chief Election

September 13, 2011Matthew L.M. Fletcher3 Comments

Here are the updated materials in Vann v. Salazar (D. D.C.):

USA Response to Vann Motion

Cherokee Nation Response to Vann Motion

The Vann motion is here.

Seventh Circuit Affirms Wells Fargo v. Lake of the Woods; Remands to Allow Wells Fargo to Amend Complaint for Other Relief

September 6, 2011Matthew L.M. Fletcher2 Comments

Here is today’s opinion. An excerpt:

We conclude that the Indenture constitutes a management contract under IGRA and that, as a condition of its validity, it should have been submitted to the Chairman of the NIGC for approval prior to its implementation. The parties’ failure to secure such approval renders the Indenture void in its entirety and thus invalidate s the Corporation’s waiver of sovereign immunity. The district court therefore correctly determined that it was without jurisdiction with respect to Wells Fargo’s motion for the appointment of a receiver.

We further conclude that the district court should have permitted Wells Fargo leave to file an amended complaint to the extent that it presented claims for legal and equitable relief in connection with the bond transaction on its own behalf and on behalf of the bondholder. Upon the filing of such a complaint, the district court should address the issue of whether, now that the Indenture has been determined to be void, Wells Fargo has standing to litigate claims on behalf of the bondholder. The court also must determine whether the collateral documents, when read separately or together, waive the sovereign immunity of the Corporation with respect to any such claims. If such a waiver is found, the court may proceed to determine the merits of those claims.

Lower courts briefing.