sovereign immunity

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

Matthew L.M. Fletcher

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]

Matthew L.M. Fletcher

Here is the unpublished opinion.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”]

Matthew L.M. Fletcher

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

Matthew L.M. Fletcher

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]

Matthew L.M. Fletcher

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

Matthew L.M. Fletcher

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.

Washington Appellate Court Holds Tribal Gaming Commission Immune from Suit

Matthew L.M. Fletcher

Here are the materials in Long v. Snoqualmie Gaming Commission (Wash. Ct. App.):

opinion.pdf

appellant-brief.pdf

appellee-brief.pdf

reply-2.pdf

Eighth Circuit Decides Stanko v. Oglala Sioux Tribe

Matthew L.M. Fletcher

Here is the opinion.

Briefs here.

Federal Court Holds Individual Members of Tribal Corporate Board Can Be Sued under False Claims Act

Matthew L.M. Fletcher

Here are the materials in Cain v. Salish Kootenai College (D. Mont.):

110 SKC Motion to Certify

112 Individual Defendants MTD

115 Response to 110

116 Response to 112

117 Reply in Support of 110

118 Reply in Support of 112

121 DCT Order

UPDATE: 129 Amended DCT Order

Prior posts here and here.

Mitchell v. Tulalip Tribes Cert Petition

Matthew L.M. Fletcher

Here:

mitchell-cert-petition.pdf

UPDATE:

Tulalip BIO

Question presented:

Does sovereign immunity bar the federal courts’ consideration of a declaratory judgment action to determine whether Respondent Tribes can exercise regulatory/taxing authority over real property owned in fee by Petitioners non-Indians, pursuant to allotments that were authorized by the Tribes’ treaty with the United States?

Lower court materials here.