sovereign immunity – Page 30 – Turtle Talk

Federal Court Holds Tribe Cannot Unilaterally Change Speed Limit on State Highway on Reservation

October 26, 2020Matthew L.M. Fletcher

Here are the materials in State of South Dakota v. Frazier (D.S.D.):

3 Motion for Injunction

22 Motion to Dismiss

Second Circuit Affirms Cuyuga Nation Immunity from County Taxes even under Immovable Property Exception

October 23, 2020Matthew L.M. Fletcher

Here are the materials in Cayuga Indian Nation of New York v. Seneca County, New York:

Seneca County Brief

Cayuga Tribe Brief

Lower court materials here.

Seventh Circuit Rejects Fired Oneida Employee’s Civil Rights Claims

October 22, 2020Matthew L.M. Fletcher

Here are the materials in Holtz v. Oneida Airport Hotel Corp.:

Per Curiam Opinion

Lower court materials here.

Federal Bankruptcy Court Confirms Bankruptcy Act Does Not Abrogate Tribal Immunity [Lac du Flambeau Ojibwe]

October 21, 2020Matthew L.M. Fletcher

Here are the relevant materials in In re Coughlin (D. Mass. Bkrcy.):

27 Motion to Enforce Automatic Stay

73-1 LDF Motion to Dismiss

74-1 LDF Businsess Corp Motion to Dismiss

82 Response to 73

84 Response to 74

92 Reply in Support of 73

93 Reply in Support of 74

111 LDF Surreply to the Surreply

112 LDF Business Corp Surreply to the Surreply

Ninth Circuit Briefs in Acres Bonusing Inc v. Marston

October 15, 2020February 15, 2021Matthew L.M. Fletcher

Here:

Janssen Malloy Answer Brief

Jones Answer Brief

Marston Answer Brief

Lower court materials here.

Ninth Circuit Briefing — Tribal Sovereign Immunity Under the Clean Water Act

October 6, 2020May 9, 2021Matthew L.M. Fletcher

Here are the briefs relevant to the sovereign immunity issue in Deschutes River Alliance v. Portland General Electric Company:

Final Tribal Amici Brief in Support of Warm Springs – File-Stamped

Appellant’s First Brief

Second Brief on Cross-Appeal – CTWS (filed 9 28 20)

Appellant’s Third Brief

Idaho Power Amicus Brief

Tribal Amicus Brief

Warm Springs Reply

And here are the lower court materials in Deschutes River Alliance v. Portland General Electric Company (D. Or.):

72 Warm Springs Motion to Dismiss

74 Pacific Gas Motion to Dismiss

76 Deschutes River Response

78 Pacific Gas Reply

82 Warm Springs Reply

84 Warm Springs Brief in Support of Defendants

Federal Court Dismisses Federal Claims in Challenge to Sale of Tule Lake Airport to Modoc Nation

September 25, 2020Matthew L.M. Fletcher

Here are the materials in Tule Lake Committee v. FAA (E.D. Cal.):

7 FAA Motion to Dismiss

12 Modoc Nation Motion to Dismiss

13 City Motion to Dismiss

15 Opposition to 7

16 Opposition to 13

17 Opposition to 12

Prior suit here.

Ninth Circuit Holds Claim Falls Within Tribal Waiver of Immunity

September 23, 2020Matthew L.M. Fletcher

Here is the opinion in SPRAWLDEF v. Guidiville Rancheria of California.

Briefs here.

New Mexico COA Certifies Tribal Gaming/Immunity Cases to New Mexico SCT

September 22, 2020Matthew L.M. Fletcher

Here is the order in Sipp v. Buffalo Thunder Inc.:

36924 and 38636 Certification Order (FINAL)

The question certified:

[W]hether the Indian Gaming Regulatory Act (IGRA), 25 U.S.C. §§ 2701-2721 (2018), permits tribes and states to contract in Tribal-State Class III Gaming Compacts to shift jurisdiction over certain matters to state courts.

Ninth Circuit Rejects Challenge to Jamul Indian Village Gaming Ops

September 8, 2020September 8, 2020Matthew L.M. Fletcher

Here is the opinion in Jamul Action Committee v. Simermeyer.

Briefs here.