Conn. Dram Shop Action against Mohegan Settles; Some Briefs Available

According to Indianz, the Mohegan Tribe settled this matter (VanStaen-Holland v. Lavigne), which was to be argued before the Connecticut Supreme Court today.

Some of the briefs are available, and worth reading:

Mohegan Brief

Connecticut Amicus Brief

Cayuga Indian Nation v. Seneca County Materials (so far)

As noted at Indianz, this case is quickly moving, and here are the materials so far:

Cayuga Complaint

Cayuga Motion

Federal Court Dismisses Membership Claims against Unkechauge Nation

Here is the opinion in Maynes v. Unkechauge Tribal Council (E.D. N.Y.):

Maynes v. Unkechauge Tribal Council

An excerpt:

Therefore, given that the Unkechaug Nation is an Indian Nation under federal common law, it enjoys sovereign immunity. Accordingly, the Court lacks subject matter jurisdiction to adjudicate the plaintiffs’ claims and the Amended Complaint is DISMISSED WITH PREJUDICE as against the Unkechaug Nation.

ICT Coverage of BMG v. Chukchansi — Important Sovereign Immunity Case

Here is the article.

And the case materials are here.

Tenth Circuit Affirms Immunity for Tribal Corporations; Reversing Lower Court

Here are the materials in Breakthrough Management Group v. Chukchansi Gold Casino and Resort:

Tenth Circuit opinion

Chukchansi Opening Brief

BMG Brief

Chukchansi Reply

BMG Reply

BMG v Chukchansi Lower Court Orders

Lower court briefs here.

 

New Mexico Court of Appeals Decision on State Worker’s Comp Jurisdiction in Indian Country

Here is the opinion in Antonio v. Inn of the Mountain Gods Resort.

An excerpt:

Michael Antonio (Worker) appeals from  an order of dismissal entered by the Workers’ Compensation Administration (WCA) for lack of subject matter jurisdiction.  On appeal, Worker alleges that (1) the WCA erred in determining that Worker’s injury occurred on the Mescalero Apache Tribe reservation (Tribe) and that the Tribe was not conducting business within the State of New Mexico; and (2) the WCA had jurisdiction by default because the Tribe did not have a workers’ compensation program in effect at the time of Worker’s injury, and the compensation that was provided to Worker was not as good as the compensation required by the New Mexico Workers’ Compensation Act.  We conclude that the WCA did not have jurisdiction over the Tribe because the Tribe did not expressly waive sovereign immunity and, therefore, the WCA’s order reached the right result for the wrong reasons.  See Cordova v. World Fin. Corp. of N.M., 2009-NMSC-021, ¶ 18, 146 N.M. 256,208 P.3d 901 (noting that we may affirm on grounds not relied upon if those grounds do not require us to look beyond the factual allegations that were raised and considered below).  Weaffirm.

Tribal Brief in Hollywood Mobile Estates v. Cypress 11th Circuit Appeal

Here: Appellee Brief.

The remainder of the briefs and lower court materials are here.

Salt River Project Federal Challenge to Navajo Labor Relations Board Dismissed

Here are the materials in Salt River Project Agricultural Improvement and Power District v. Lee (D. Ariz.):

DCT Order Dismissing Claim

Navajo Exhaustion Motion to Dismiss

Navajo Rule 19 Motion to Dismiss

Salt River Motion for Summary Judgment

This case is on remand from the Ninth Circuit — and that order is here.

 

Oneida Waives Immunity in Madison County v. OIN Suit Pending before the Supreme Court

To say the least, an interesting development.

Here is the letter referencing the OIN ordinance waiving immunity irrevocably2010_11_30 Letter to Clerk re Declaration and Ordinance.

Madison County’s opening merits brief is due today.

Federal Court Declines to Shut Out the Asian Carp

Here is the opinion: 12-3-10 Opinion & Order.

While the motion for preliminary injunction was denied, the case was not dismissed on immunity grounds.