sovereign immunity

California Federal Court Dismisses Final Two Defendants in Acres Bonusing v. Ramsey (formerly Marston)

Matthew L.M. Fletcher

Here are the materials in Acres Bonusing Inc. v. Ramsey (N.D. Cal.):

90 First Amended Complaint

96 Motion to Dismiss

101 Opposition

102 Reply

105 DCT Order

Prior post here.

From DALL-E, an abstract painting of a judge slapping someone with a fish. Yeah, sure, it could be that.

Fifth Circuit Briefs in Spivey v. Chitimacha Tribe of Louisiana

Matthew L.M. Fletcher

Here:

Spivey Opening Brief.pdfDownload
Tribe Answer Brief.pdfDownload
Reply.pdfDownload

Lower court materials here.

D.C. Federal Court Dismisses Suits Attacking United Keetoowah and Kialegee Compacts, Allows Suits Against Comanche and Otoe-Missouria to Proceed

Matthew L.M. Fletcher

Here are the materials in Cherokee Nation v. Dept, of the Interior (D.D.C.):

106 Federal Motion to Dismiss.pdfDownload
107-1 Woommavovah Motion to Dismiss.pdfDownload
109 Shotton Answer and Counterclaim.pdfDownload
113-1 Motion to Dismiss Shotton Counterclaim.pdfDownload
114 Tribes’ Opposition to Motions to Dismiss.pdfDownload
121 Woomavovah Reply.pdfDownload
123 Shotton Opposition.pdfDownload
124 Federal Reply.pdfDownload
126 Tribes’ Reply to Shotton.pdfDownload
157 DCT Order.pdfDownload

Prior post here.

Kablooey

Ninth Circuit Rejects Tribal Immunity under Bankruptcy Act

Matthew L.M. Fletcher

Here is the unpublished order in Numa Corp. v. Diven, formerly Cedarville Rancheria v. Diven.

Briefs here.

Another weird one from DALL-E: A showdown between Indians and lawyers before the Supreme Court.

Ninth Circuit Rejects Challenge to Tribal Wind Farm

Matthew L.M. Fletcher

Here is the unpublished opinion in Backcountry Against Dumps v. Bureau of Indian Affairs.

Briefs here.

Update in Maverick Gaming Challenge to IGRA — New Venue and Rule 19 Motion to Dismiss

Matthew L.M. Fletcher

Here are the new materials in Maverick Gaming LLC v. United States (W.D. Wash.):

66 Amended Complaint.pdfDownload
68-1 Shoalwater Motion to Dismiss.pdfDownload
85 Shoalwater Bay MTD.pdfDownload
95 State Brief Supporting Rule 19 Dismissal.pdfDownload
96 Opposition to Rule 19 Dismissal.pdfDownload

97 Reply

Prior post here.

Shoalwater Bay is serious.

Ninth Circuit Materials in Backcountry Against Dumps v. Bureau of Indian Affairs [Campo Band Wind Energy Project]

Matthew L.M. Fletcher

Here:

Backcountry Opening Brief.pdfDownload
BIA Answer Brief.pdfDownload
Campo Band Answer Brief.pdfDownload
Development Co Amicus Brief.pdfDownload
Reply Brief.pdfDownload
Backcountry Supplemental Brief.pdfDownload
BIA Supplemental Brief.pdfDownload
Campo Band Supplemental Brief.pdfDownload
Development Co Supplemental Brief.pdfDownload

Lower court materials here.

Oklahoma Federal Court Finds No Jurisdiction in Contract Dispute Involving Seneca-Cayuga Nation

Matthew L.M. Fletcher

Here are the materials in The Queens LLC v. Seneca-Cayuga Nation (N.D. Okla.):

2 Complaint

10 Motion to Dismiss — Immunity

13 Response

14 Reply

17 Surreply

32 Motion for Determination of Federal Court Jurisdiction

35 Response

37 Reply

38 DCT Order

Photo by Pavel Danilyuk on Pexels.com

Lac Du Flambeau Ojibwe Cert Petition in Bankruptcy Act/Sovereign Immunity Case

Matthew L.M. Fletcher

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

ldf-cert-petitionDownload

Question presented:

Whether the Bankruptcy Code expresses unequivocally Congress’s intent to abrogate the sovereign immunity of Indian tribes.

Lower court materials here.

Update:

Law Profs Amicus Brief.pdfDownload
Org Amicus Brief.pdfDownload
Coughlin BIO.pdfDownload

Cert Stage Materials in Lopez v. Quaempts

Matthew L.M. Fletcher

Here:

Petition for Writ of Certiorari.pdfDownload
Brief in Opposition.pdfDownload

Questions presented:

  1. Whether this Court, to allow for more complete state court tort remedies against individual tribal employees, as indicated in Lewis v. Clarke, 137 S. Ct. 1285 (2017), should clarify existing tribal sovereign immunity law to allow tort vic- tims to sue a tribe based on vicarious lia- bility when a tribe ratifies individual tribal employees’ actions giving rise to the state tort claims.
  2. Whether the lower court’s refusal to rec- ognize a tribe’s ratification of tribal em- ployees’ allegedly tortious acts, as an express waiver of sovereign immunity im- permissibly interferes with states’ rights to award remedies to tort victims.

Lower court materials here.

Goony