No State Sovereign Immunity in Patent Case [Relying on Saint Regis Mohawk Decision]

From the Federal Circuit Court of Appeals:

Opinion

And, contrary to UMN’s arguments, Saint Regis did not
base its reasoning on implied abrogation of tribal sovereign
immunity. Instead, Saint Regis concluded that IPR was an
agency reconsideration proceeding to which sovereign immunity does not apply in the first instance. 896 F.3d at 1329. This reasoning applies equally to states as it does to
tribes.

Article discussing the opinion here.

Most Claims against Interior Arising from Lower Brule Sioux Loan Guarantee Debacle are Dismissed

Here are the materials in Great American Life Insurance Company v. United States Department of the Interior (S.D. Ohio):

1 Complaint

10 Interior Motion to Dismiss

10-2 IBIA Ruling

15 Response

17 Reply

18 Notice of Additional Authority

18-1 Summary of OIG Report

20 DCT Order

We previously posted on this case here.

Human Rights Watch previously published a report on the doings at Lower Brule, here.

SG Recommends GVR in Poarch Band v. Wilkes

Here is the brief:

sg-invitation-brief-1.pdf

An excerpt:

This brief is submitted in response to the Court’s order inviting the Solicitor General to express the views of the United States. After the petition for a writ of certiorari was filed, amendments to tribal law were proposed that could substantially affect the basis for the decision of the Supreme Court of Alabama in this case. In the view of the United States, if those changes are enacted, the petition should be granted, the judgment vacated, and the case remanded for further proceedings.

Cert stage materials are here.

UPDATE:

17-1175SupplementalBriefForRespondents

Petitioners Supplemental Brief

Fourth Circuit Oral Argument Audio in Williams v. Big Picture

Here.

Briefs here.

Second Circuit Affirms in Gingras v. Think Finance Inc. [Chippewa Cree Lending]

Here is the opinion:

CA2 Opinion

From the court syllabus:

Plaintiffs Jessica Gingras and Angela C. Given borrowed money from Plain Green, LLC, an online lending operation owned by the Chippewa Cree Tribe of the Rocky Boy’s Indian Reservation in Montana. The terms of their loan agreements provide for interest rates well in excess of caps imposed by Vermont law. Gingras and Given sued, alleging violations of Vermont and federal law. They seek an injunction against tribal officers in charge of Plain Green and an award of money damages against other Defendants. 

Some Defendants moved to dismiss, arguing that tribal sovereign immunity barred the suit. All Defendants moved to compel arbitration under the terms of the agreements. The district court (Geoffrey W. Crawford, Judge) denied both motions. We hold that tribal sovereign immunity does not bar this suit because Plaintiffs may sue tribal officers under a theory analogous to Ex parte Young for prospective, injunctive relief based on violations of state and substantive federal law occurring off of tribal lands. We further hold that the arbitration clauses of the loan agreements are unenforceable and unconscionable.

Briefs and link to lower court materials here.

Ninth Circuit Decides Hestand v. Gila River Indian Community [Attorney Employment Claims]

Here is the unpublished opinion.

Briefs here.

Third Circuit Briefs in United States v. Neff [third-party use of tribal immunity defense; “rent-a-tribe”]

Here are the materials in United States v. Neff:

Hallinan Appellant Brief

Neff Appellant Brief

US Answer Brief

Neff Reply

Hallinan Reply

SCOTUS Denies Cert in St. Regis Mohawk v. Mylan

Here is today’s order list.

Cert stage materials in that case are here.

Buchwald Capital Advisors LLC v. Sault Ste. Marie Tribe of Chippewa Indians Cert Petition [Bankruptcy Code + Sovereign Immunity]

Here:

buchwald cert petition

Question presented:

Whether the Bankruptcy Code abrogates the sovereign immunity of Indian tribes.

Lower court materials here.

Split Sixth Circuit Panel Confirms Tribal Immunity in Bankruptcy Act Proceedings

Here is the opinion in In re Greektown Holdings LLC.

Briefs:

buchwald-brief.pdf

sault-tribe-brief.pdf

buchwald-reply.pdf

Lower court materials and prior posts here.