Malaterre v. Amerind Risk Management Cert Petition — Section 17 Corporation Immunity

Here is the petition:

Malaterre Cert Petition

And the questions presented:

Whether a tribal business corporation formed pursuant to 25 U.S.C. § 477 with the aim of insuring Indian Housing Authorities may properly invoke tribal sovereign immunity as a ground for avoiding its contractual obligation to provide insurance coverage for liability claims arising from injuries sustained by tribal-member tenants in Indian housing units.

Lower court materials here.

And for good measure, the Federal Reporter 3d version of the lower court opinion:

Amerind v. Malaterre, 633 F.3d 680 (CA8 2011)

N. Arapaho Tribe Opening Brief in Tenth Circuit Case Challenging State Taxes in Wind River Reservation

Here is the opening brief in Northern Arapaho Tribe v. Harnsberger:

NAT Opening Brief

Lower court materials are here.

Justice Stevens Critical of Seminole Tribe v. Florida & Sovereign Immunity

In his new book, according to the National Law Journal’s Marcia Coyle, Justice Stevens levels strong criticism at the Supreme Court’s decision in Seminole Tribe v. Florida:

The tenor of the Court’s deliberations changed immediately when William Rehnquist became chief justice, according to Stevens. Rehnquist, he writes, was an impartial presiding officer and meticulous in noting the justices’ different positions on issues in each argued case. But Stevens levels some of the book’s sharpest criticism on Rehnquist’s decisions involving state sovereign immunity. Stevens considers the first in a line of 11th Amendment rulings — Seminole Tribe of Florida v. Florida — one of the Court’s worst rulings in his nearly 35 years. In an interview withThe National Law Journal, he explained that sovereign immunity is a “doctrine of injustice.”

And he calls the retirement of Thurgood Marshall, the “most significant judicial event” of Rehnquist’s tenure as chief, not only because of Marshall’s contributions to the Court’s conference but because of the changes in the Court’s jurisprudence attributable to the votes of his successor, Clarence Thomas.

Federal Court Dismisses FLSA Claim against Tribal Casino Resort

Here are the materials in Larimer v. Konocti Vista Casino Resort, Marina & RV Park (N.D. Cal.):

DCT Order Granting Tribal Motion to Dismiss

Konocti Motion to Dismiss

Larimer Opposition

Konocti Reply

NCAI Cert Stage Amicus Brief in Patchak Case

Here:

QL-sPBR1pnL

Appellee Briefs in State of Michigan v. Bay Mills Indian Community (CA6)

Here:

LTBB Appellee Brief

State of Michigan Appellee Brief

 

Here is a pic of the now-shuttered BMIC Vanderbilt Casino:

And some lovely intertribal rhetoric:

Continue reading

Update in Columbe v. Rosebud Sioux Tribe

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

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

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

Here:

Miami Tribe cert opp