sovereign immunity

Federal Court Dismisses Effort to Reopen Black Hills Judgment Fund

Matthew L.M. Fletcher5 Comments

Here is the opinion in Different Horse v. Salazar and Rosebud Sioux Tribe (D. S.D.):

Different Horse DCT Order.

And the briefs:

US Motion to Dismiss Different Horse Complaint

Different Horse Response

US Reply to Different Horse Response

Navajo Supreme Court Decides Navajo Sovereign Immunity Act Case

Matthew L.M. Fletcher

The caption is Begay v. Navajo Engineering & Construction Authority and the Navajo Nation. The opinion is here.

Here is the court’s summary:

In this appeal of a district court’s dismissal of a tort action for failure to state a claim upon which relief may be granted, the Court affirms the dismissal on jurisdictional grounds and emphasizes that trial courts must first find jurisdiction before making substantive rulings.

FMLA Claim against Viejas Enterprises Dismissed

Matthew L.M. Fletcher

Here are the materials in Morrison v. Viejas Enterprises (S.D. Cal.):

DCT Order Dismissing Morrison Complaint

Viejas Motion to Dismiss

Morrison Response

Viejas Reply

California Appellate Opinion in Barona Bed Bugs Case

Matthew L.M. Fletcher

As reported here.

Here is the opinion. And here are the available briefs:

Orkin Response Brief

Chisley Reply

And the previous case.

Nebraska Supreme Court Modifies Storevisions Opinion…

Matthew L.M. Fletcher1 Comment

…but still holds that a signed tribal waiver can be authorized by the presence of 5 of 7 tribal council members (instead of an affirmative vote in a regular meeting required by the tribal constitution).

Here is the order:

Storevisions Modified Opinion.

Here are the materials:

California Court of Appeals Holds Arbitration Provision Doesn’t Abrogate Tribal Immunity

Matthew L.M. Fletcher

Here is the opinion in California Parking Services v. Soboba Band of Luiseno Indians.

Here are the available briefs:

Cal Parking Services Opening Brief

Cal Parking Services Reply Brief

Opening Brief in Okla. SCT Case — 1st to Address Federal Injunction against State Court Assertion of Jurisdiction over Tribal Casinos

Matthew L.M. Fletcher

Here is the opening brief in Sheffer v. Buffalo Run Casino:

Sheffer Opening Brief.

 

Florida Dram Shop Action against Miccosukee Tribe Dismissed

Matthew L.M. Fletcher

Here is the opinion and selected materials from Furry v. Miccosukee Tribe (S.D. Fla.):

DCT Order Dismissing Furry Complaint

Miccosukee Motion to Dismiss Furry Complaint

Furry Response to Motion to Dismiss

Miccosukee Response to Motion for Discovery on Grounds for Sovereign Immunity

Federal Court Dismisses Effort to Block Rincon Eviction of Non-Indian (Alleged) Trespassers

Matthew L.M. Fletcher

Here are the materials in Rogers-Dial v. Rincon Band of Luiseno Indians (S.D. Cal.):

DCT Order Dismissing Rogers-Dial Complaint

Rogers-Dial Motion for PI — Part 1

Rogers-Dial Motion for PI — Part 2

Rogers-Dial Motion for PI — Part 3

Rincon Motion to Dismiss

We posted the complaint here.

Federal Judge Enjoins Seminole Tribe Eviction of Hollywood Mobile Estates

Matthew L.M. Fletcher

Here are the materials in this stage of a long saga — Hollywood Mobile Estates v. Cypress (S.D. Fla.):

DCT Order Granting Hollywood Mobile Estates Motion

Hollywood Mobile Estates Motion for PI

Seminole Opposition

Here is a news article via Pechanga.