sovereign immunity

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Here is the unpublished opinion in Villasenor v. Torres-Martinez Desert Cahuilla Indians.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Unpublished Opinion.pdfDownload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

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.