sovereign immunity

Virginia Federal Court Holds LdF Council Members and Employees Can Be Individually Liable for RICO Damages Arising from Sovereign Lending

Matthew L.M. Fletcher

Here are the materials in Fitzgerald v. Wildcat (W.D. Va.):

145 Skytrail Motion to Compel Arbitration

147 Skytrail Motion to Dismiss

149 Wildcat Motion to Compel

151 Wildcat Motion to Dismiss

152 Response to 145

153 Response to 147

154 Response to 149

155 Response to 151

163 Reply ISO 147

164 Reply ISO 145

165 Reply ISO 149

166 Reply ISO 151

170 DCT Order

Early Materials in Law Firm Dispute with Skull Valley Goshute

Matthew L.M. Fletcher

Here are the materials so far in Sichenzia Ross Ference LLP v. Skull Valley Band of Goshute Indians of Utah (S.D. N.Y.):

1 Complaint.pdfDownload
7 Motion for Injunction.pdfDownload
22 Motion to Dismiss.pdfDownload
23 Response to Motion for Injunction.pdfDownload
25 Reply.pdfDownload
28 DCT Order Denying Injunction.pdfDownload

Fifth Circuit Remands Civil Rights Suit Against Chitimacha to State Court

Matthew L.M. Fletcher

Here is the opinion in Spivey v. Chitimacha Tribe of Louisiana.

Briefs here.

Lower court materials here.

Utah Federal Court Allows Employment Claim against Skull Valley Tribal Officials to Proceed

Matthew L.M. Fletcher

Here are the materials in Skull Valley Health Care LLC v. NorStar Consultants (D. Utah):

2 Notice of Removal to Federal Court.pdfDownload
2-4 State Court Complaint.pdfDownload
2-25 Answer and Counterclaim.pdfDownload
11 Motion to Dismiss.pdfDownload
15 Response.pdfDownload
19 DCT Order.pdfDownload

Idaho Federal Court Remands Contract Action to Tribal Court

Matthew L.M. Fletcher

Here is the order in Shoshone-Bannock Tribes v. Vanir Construction Management Inc. (D. Idaho):

21 Magistrate Order.pdfDownload

Briefs here.

Ninth Circuit Affirms Dismissal of Pro Se ICRA Suit Brought by Terminated Employee

Matthew L.M. Fletcher

Here is the unpublished opinion in Villasenor v. Torres-Martinez Desert Cahuilla Indians.

The tribe’s brief:

Tribe Answer Brief.pdfDownload

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.