sovereign immunity

SCOTUS Denies Cert in Challenge to Seminole Tribe’s Sovereign Immunity

Matthew L.M. Fletcher

Here is today’s order list.

Here are the cert stage materials in Eglise Baptiste Bethanie De Ft. Lauderdale, Inc. v. Seminole Tribe of Florida.

Harvard Law Review Casenote on Williams v. Medley Opportunity Fund II [tribal payday lending]

Matthew L.M. Fletcher

Here is “Williams v. Medley Opportunity Fund II, LP: Third Circuit Rules that Tribal Payday Lenders Cannot Compel Arbitration.”

We posted the materials on this case here.

Jamul Action Committee v. Simermeyer Cert Petition

Matthew L.M. Fletcher

Here:

Jamul Pet2

Questions presented:

1. Whether, in 1994, Congress eliminated the distinction between “historic tribes” and “created tribes” and, thereby, eliminated the requirement that a tribe must have pre-existed the United States to have tribal immunity
2. Whether the JIV, which became a quarter-blood Indian group in 1996, is a federally recognized tribe, with tribal immunity, by virtue of the fact that it is still on the list of “Indian tribal entities” eligible to receive BIA services.

Lower court materials here.

Cert Opposition Brief in Seneca County v. Cayuga Tax Case

Matthew L.M. Fletcher

Here:

Brief in Opposition

The petition is here.

Federal Court Dismisses Tribal Police Officer Suit against Moapa Band

Matthew L.M. Fletcher

Here are the materials in Dutchover v. Moapa Band of Paiute Indians (D. Nev.):

8 Amended Complaint

28 Motion to Dismiss

37 Response

42 Reply

53 DCT Order

Federal Suit against MHA Nation-Affiliated Lending Business Stayed Pending Fourth Circuit Decision in Hengle v. Treppa

Matthew L.M. Fletcher

Here are the materials in Manago v. Cane Bay Partners VII LLLP (D. Md.):

40 Amended Complaint

73-1 Motion to Stay

76 Opposition

82 DCT Order Granting Motion for Stay

The briefs in Hengle v. Treppa are here.

Pequot Tribal Elder Housing Suit against Tribe Dismissed

Matthew L.M. Fletcher

Here are the materials in Colebut v. Butler (Conn. Super.):

Complaint

Motion to Dismiss

Opposition

Reply

Superior Court Order

Federal Court in Oregon Declines to Dismiss Suit against Big Picture Loans-Affiliated Individual

Matthew L.M. Fletcher

Here are the materials so far in Smith v. Martorello (D. Or.):

100 Amended Complaint

106 Motion to Dismiss

120 Opposition

123 Reply

146 Magistrate Report

148 Objections

149 Rule 19 Motion

150 Response to 148

152 Response to 149

155 Reply in Support of 149

156 DCT Order

Federal Court Dismisses Section 1983 Claim against Warm Springs Police Dept. Brought by Former Tribal Police Officer

Matthew L.M. Fletcher

Here are the materials in Weaver v. Gregory (D. Or.):

1 Complaint

10 Motion to Dismiss

14 Response

16 Reply

18 DCT Order

Federal Court Dismisses Muscogee (Creek) Nation Suit against Poarch Band Creek over Hickory Ground

ilpc

Here are the materials in Muscogee (Creek) Nation v. Poarch Band of Creek Indians (M.D. Ala.):

190 Second Amended Complaint

200 Federal Motion to Dismiss

202 Tribal Defendants Motion to Dismiss

205 Individual Defendants Motion to Dismiss

210 Response to 200

211 Response to to 205

212 Response to 202

216 Reply in Support of 200

217 Reply in Support of 202

218 Reply in Support o 205

223 DCT Order

Prior posts here.