sovereign immunity

Twin Efforts to Force Interior to Acknowledge Exclusive Tribal Jurisdiction over All Custody Cases is Dismissed by D.C. Federal Court

Matthew L.M. Fletcher

Here are the materials in Hess v. Dept. of the Interior (D.D.C.):

1 Complaint

7 DOI Motion to Dismiss

9-1 Cherokee Nation Motion to Dismiss

16 Response to 9

17 Response to 7

19 Reply in Support of 7

22 Reply in Support of 9

28 DCT Order

Here are the materials in Sissaudia (D.D.C.):

1 Complaint

7-1 Cherokee Nation Motion to Dismiss

8 Federal Motion to Dismiss

15 Response to 7

16 Response to 8

17 Reply in Support of 8

20 Reply in Support of 7

26 DCT Order

Bird v. Three Affiliated Cert Petition [sovereign immunity]

Matthew L.M. Fletcher

Here is the petition in Bird v. Tribal Business Council of the Three Affiliated Tribes of the Fort Berthold Indian Reservation:

Bird Cert Petition.pdfDownload

Question presented:

Does inclusion of a mandatory arbitration clause in an Agreement with an Indian Tribe waive the Tribe’s sovereign immunity?

Eighth Circuit materials:

Bird CA8 Brief.pdfDownload
MHA Nation CA8 Brief.pdfDownload
Bird CA8 Reply.pdfDownload

District court materials here.

Seventh Circuit Holds Great Lakes Intertribal Council Possess Sovereign Immunity from Title VII Suit

Matthew L.M. Fletcher

Here are the materials:

Unpublished Opinion.pdfDownload
Seneca Opening Brief.pdfDownload
Great Lakes ITC Answer Brief.pdfDownload
Seneca Reply Brief.pdfDownload

D.C. Circuit Rejects Challenge to Seminole Gaming Compact

Matthew L.M. Fletcher

Here is the opinion in West Flagler Associates Ltd. v. Haaland.

Briefs are here.

Seventh Circuit Affirms Immunity of LCO Health Care Center and Officials

Matthew L.M. Fletcher

Here is the opinion in Mestek v. Lac Courte Oreilles Community Health Center:

CA7 Opinion.pdfDownload

Materials here.

Arizona Federal Court Holds Business 51% Owned by Navajo Company Not Immune from Title VII Suit

Matthew L.M. Fletcher

Here are the materials in Tsosie v. NTUA Wireless LLC (D. Ariz.):

1 Complaint.pdfDownload
8 Motion to Dismiss.pdfDownload
11 Response.pdfDownload
12 Reply.pdfDownload
13 DCT Order.pdfDownload

SCOTUS Holds 8-1 Bankruptcy Act Abrogates Tribal Immunity

Matthew L.M. Fletcher

Here is the opinion in Lac du Flambeau Band of Lake Superior Chippewa Indians v. Coughlin.

Lower court materials here.

Eighth Circuit Shows Against Why FTCA’s Discretionary Function Exception Should Be Canned

Matthew L.M. Fletcher

Here is the cursory, bloodless opinion in Mound v. United States.

Briefs here. Lower court materials here.

An excerpt:

In 2014, the Tribe identified a culvert—a structure that channels water under a road—as a potential maintenance project. In 2018, based on an engineering assessment, the Tribe decided to replace the culvert. Because its existing contract did not authorize funding for the project, the Tribe sought a new contract with the BIA. Before the new contract was finalized, heavy rains collapsed the culvert, leaving a large gap in the road. Four cars drove into the gap and plunged into the water. Trudy Peterson and James Vander Wal were swept downstream and died. Evan Thompson and Steven Willard suffered serious injuries.

Florida COA Orders State Trial Court to Dismiss Tort Claim against Seminole Tribe

Matthew L.M. Fletcher

Here is the opinion in Seminole Tribe of Florida v. Manzini (Fla. Ct. App. 4th Dist.):

Opinion.pdfDownload

Harvard Law Review Casenote on Silva v. Parrish

Matthew L.M. Fletcher

Here.

Link to the opinion here.