sovereign immunity

Tenth Circuit Applies Quiet Title Act in Tribal Challenge to Trust Acquisition–UPDATED with Briefs

Matthew L.M. Fletcher

Big case. Here is the opinion in Iowa Tribe v. Salazar.

Briefs and other materials:

Iowa Tribe and Sac & Fox Nation Opening Brief

Interior Answer Brief

Iowa Tribe and Sac & Fox Nation Reply Brief

Interior Motion to Take Judicial Notice of Warranty Deed

Order Dismissing Sac and Fox Nation as a Party

Runyon v. River Rock Entertainment Authority–Tribal Immunity Forecloses Employment Arbitration

Matthew L.M. Fletcher

Here is the unpublished opinion from the California Court of Appeals. River Rock is owned by the Dry Creek Rancheria Band of Pomo Indians.

Oglala Sioux Tribe Ordered to Arbitration in Service Agreement Dispute with Alltel (AT&T)

Matthew L.M. Fletcher

Here are the materials in Alltel v. Oglala Sioux Tribe (D. S.D.):

Alltel Service Agreement

Tribal Court Order Denying Alltel Motion to Dismiss

Alltel Motion for PI

OST First Motion to Dismiss

OST Second Motion to Dismiss

DCT Order on Arbitration

Ninth Circuit Dismisses ICRA Claim against Salt River

Matthew L.M. Fletcher

Here is the unpublished decision in Fields v. Salt River Pima Maricopa Indian Community.

Bolt v. Iowa Enterprises — Immunity from Title VII Claim

Matthew L.M. Fletcher

Here are the materials in this case from the Western District of Oklahoma:

DCT Order Dismissing Bolt Claim

Iowa Enterprises Motion to Dismiss

Bolt Response

Iowa Enterprises Reply

Iowa Tribe Employee Motion to Dismiss

Bolt Response to Employee

Section 1983 Claim Against Tribe Fails

Matthew L.M. Fletcher

Here is the opinion from the Eastern District of California (via a magistrate judge): Clark v Rolling Hills Casino.

Hoffman v. Sandia Resort and Casino — Immunity from Jackpot Claims

Matthew L.M. Fletcher1 Comment

Here is the opinion in January from the New Mexico Court of Appeals in Hoffman v. Sandia Resort and Casino (apparently the New Mexico Supreme Court denied review just recently). The claim involved a false jackpot, and the plaintiff had tribal remedies.

Cert Stage Reply Brief in Jeffredo v. Macarro (Pechanga Disenrollments)

Matthew L.M. Fletcher

Here: Jeffredo Cert Stage Reply Brief

Other materials are here.

Wyandotte Tribe Immunity Defense “Premature” in EEOC Charge

Matthew L.M. Fletcher

Here are the materials so far in Gonzales v. 7th Street Casino (D. Kan.):

Casino Motion to Dismiss

DCT Order Requiring Supplemental Briefing

Apparently, the Wyandotte Tribe’s business enterprise owns the casino, so it shouldn’t be a major issue. Not sure why the district court is asking for additional briefing.

Eleventh Circuit Briefs in Challenge to Seminole Tribe Cancellation of Lease

Matthew L.M. Fletcher2 Comments

Here are the briefs in Hollywood Mobile Estates v. Seminole Tribe of Florida:

Hollywood Mobile Opening Brief

LaSalle Bank Opening Brief

Federal Appellees Brief

[still looking for the Tribe’s brief]

Hollywood Mobile Reply Brief

LaSalle Bank Reply Brief

Here are the lower court materials.