sovereign immunity

Federal Court Holds Federal Claims Act Suits against Section 17 Corporations are Suits against the Tribal Owner

Matthew L.M. Fletcher

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

90 CSKT Amicus Brief

92 SKC Motion to Dismiss

102 Cain Response

106 Reply

108 DCT Order

This case is on remand from the CA9.

Federal Court Dismisses Gaming Developer’s State Law Claims against Apache Tribe, Orders Tribal Court Exhaustion in Others

Matthew L.M. Fletcher

Here are the materials in FSS Development Company LLC v. Apache Tribe of Oklahoma (W.D. Okla.):

21 motion to stay

22 motion to dismiss

25 response

26 reply

31 dct order

Compensation-Based Class Action against Eastern Band Cherokee Casino Materials

Matthew L.M. Fletcher

Here are the materials so far in Clark v. Harrah’s NC Casino Company LLC (W.D. N.C.):

1 Complaint

34-1 Motion to Dismiss

39 Opposition

43 Reply

53 Magistrate Report

54 Defendants’ Limited Objections

55 Clark Objections

Ninth Circuit Briefs in Stillaguamish Tribe v. State of Washington [Apparent/Actual Authority to Waive Tribal Immunity]

Matthew L.M. Fletcher

Here:

State Opening Brief

Tribe Answer Brief

Reply

Oral argument video here.

Lower court materials here.

SCOTUS Denies Cert in New Mexico Public Service Co. v. Barboan

Matthew L.M. Fletcher

Yesterday’s order list is here.

Case materials are here.

Federal Court Holds Utah State Court Has Jurisdiction over Contract Dispute with Former Ute Tribe Contractor

Matthew L.M. Fletcher

Here are the materials in Ute Indian Tribe v. Lawrence (D. Utah):

52 motion for partial sj

53 motion for partial sj

54 emergency motion

95 becker opposition to emergency motion

101 reply

136 dct order

Tenth Circuit materials here.

Tenth Circuit Briefs in Eminent Domain Dispute involving Kiowa Tribe

Matthew L.M. Fletcher

Here are the briefs in Enable Oklahoma Intrastate Transmission LLC v. A 25 Foot Wide Easement:

enable brief

landowners brief

United States brief

reply

Lower court materials here and here.

 

Eighth Circuit Briefs in Stanko v. Oglala Sioux Tribe [traffic ticket]

Matthew L.M. Fletcher

Here:

Stanko First Brief

Tribe Answer Brief

Lower court materials here.

Federal Circuit Briefs in St. Regis Mohawk Tribe v. Mylan Pharmaceuticals

Matthew L.M. Fletcher

Here:

Opening Brief filed

Appellee Brief Filed

R Street amicus

Amicus Brief of United States

amicus HTIA

Delaware Federal Court Affirms Bankruptcy Act Did Not Abrogate Tribal Immunity

Matthew L.M. Fletcher

Here are the materials in In re Money Centers Inc. (D. Del.):

15 Appellant Brief

16 Appellee Brief

17 Thunderbird Appellee Brief

18 Reply

23. Memorandum Affirming BR Court 3-29-18

114. Opinion Granting QCA MTD 2-28-17