sovereign immunity – Page 118

Shirk v. City of Chandler (Arizona State Court): Indian Self-Determination Act as General Waiver of Tribal Immunity

June 8, 2011Matthew L.M. Fletcher2 Comments

Apparently, plaintiffs in Arizona have begun to file tort cases that are not within the scope of the Federal Tort Claims Act against Indian tribes and tribal employees in state court on the theory that 25 USC sec. 450f(c) is a waiver of tribal sovereign immunity for claims that don’t fall within the FTCA.

Here are the materials in one such case:

Motion to Set Aside Judgment 12.22.10

Gila River Indian Community Amicus Brief 06-08-11

US Motion for Leave to File Amicus Brief 06.01.11

Amended Opposition to Motion to Set Aside 02.02.11

Reply on Motion to Set Aside 02.18.11

Doc 43 – Order of Dismissal in FTCA Action 08.27.10

Bradley v. Tulalip Tribes: Dismissal of Tort Claim under Tribal Tort Claims Ordinance

June 2, 2011Matthew L.M. Fletcher1 Comment

Here are the materials from the Tulalip Tribal Court (miigwetch to M.T.):

Order of Dismissal

Summons and Complaint

Motion to Dismiss

Pltf’s Opp to Motion to Dismiss

Reply re Motion to Dismiss

Mot to Amend Complaint

Motion to Unseal File

Briefing in StoreVisions v. Omaha Tribe — Petition for Rehearing Pending in Nebraska Supreme Court — UPDATED

May 27, 2011May 27, 2011Matthew L.M. Fletcher2 Comments

Here is the Nebraska Supreme Court’s opinion.

And the materials we have so far:

Omaha Tribe Appellant Brief

Storevisions Appellee Brief

Omaha Tribe Reply Brief

2011-04-04 Omaha Tribe Motion for Rehearing

Storevisions Response to Motion for Rehearing.

2011-04-25 Amici Curiae Brief inSupport of Def-appellant Omaha

Opening Brief in Off-Reservation Tribal Immunity Case in Wisconsin

May 17, 2011Matthew L.M. Fletcher

Here is the opening brief in Koscielak v. Stockbridge-Munsee Community:

Koscielak Opening Brief

Reed v. Gutierrez Cert Petition

May 16, 2011May 15, 2011Matthew L.M. Fletcher2 Comments

Here:

Reed v Gutierrez Cert Petition

Lower court materials here.

Questions presented:

I. Should the doctrine of tribal sovereign immunity be abrogated?

II. Even if the doctrine of tribal sovereign immunity should not be abrogated, should it bar claims against Indian tribes or their employees for their off-reservation torts?

Eleventh Circuit Holds Hollywood Mobile Estates May Seek Injunctive Relief against Seminole Tribe…

May 12, 2011Matthew L.M. Fletcher

…reversing the district court below. Here is the unpublished opinion (thanks to R.S.): 11th Circuit decision.

The trial court now has ordered a briefing schedule to determine whether Hollywood Mobile Estates is entitled to an order restoring its lease and ordering the Tribe to allow them to re-enter its lands. Here: Omnibus Order

Appellate briefs are here.

N.M. SCT to Consider State-Law Dram Shop Actions and Tribal Immunity under N.M. Indian Gaming Compacts

April 27, 2011April 26, 2011Matthew L.M. Fletcher

The New Mexico Court of Appeals last May decided Mendoza v. Tamaya Enterprises, Inc. (opinion link here), holding in part that the New Mexico Indian gaming compact signed by the Pueblo of Santa Ana waived tribal immunity in state court to state-law dram shop actions. The New Mexico Supreme Court agreed to review this case.

As readers will know, we’ve been following multiple state cases involving tribal immunity from state law dram shop actions (e.g., cases involving the Mohegans, and tribes in Washington and Oklahoma; broader discussion here).

As Pechanga reported, one personal injury firm in ABQ suggests that Mendoza “significantly curtailed tribal immunity.” That seems to be an exaggeration — at least when it comes to the common law of tribal immunity — in that it appears likely that the New Mexico compacts include a sufficiently broad waiver. But that remains to be seen as well.