sovereign immunity – Page 46 – Turtle Talk

Oral Argument Transcript in Upper Skagit v. Lundgren

March 21, 2018Matthew L.M. Fletcher

Background materials here.

Federal Dismisses Alleged Whistleblower Complaint against US re: Former Sauk-Suiattle Employee, Allows 30 Days to Refile on Free Speech Claims

March 5, 2018Matthew L.M. Fletcher

Here are the materials in Dahlstrom v. United States (W.D. Wash.):

38 US Motion to Dismiss

Prior post here.

Patent Trial and Appeal Board Rejects Tribal Immunity

February 26, 2018February 26, 2018Matthew L.M. Fletcher

Here is the order in Mylan Pharmaceuticals v. St. Regis Mohawk Tribe:

Materials here.

Federal Court Rejects Trappers/Hunters Effort to Dismiss Challenge to Federal Implementation of Convention on International Trade in Endangered Species (Rule 19!)

February 23, 2018February 23, 2018Matthew L.M. Fletcher

Here are the materials in Wildearth Guardians v. United States Fish & Wildlife Service (D. Mont.):

75 Motion to Dismiss

79 Federal Response

80 Wildearth Guardians Response

Ninth Circuit Briefs in Skokomish Indian Tribe v. Forsman

February 12, 2018Matthew L.M. Fletcher

Here:

Skokomish Opening Brief

Forsman Answer Brief

Skallam Tribes Amicus Brief

Lower court materials here.

Upper Skagit Indian Tribe v. Lundgren Background Materials

January 31, 2018March 21, 2018Matthew L.M. Fletcher3 Comments

Question presented:

Does a court’s exercise of in rem jurisdiction overcome the jurisdictional bar of tribal sovereign immunity when the tribe has not waived immunity and Congress has not unequivocally abrogated it?

Here are the merit stage briefs:

Upper Skagit Brief

United States Brief

NCAI Amicus Brief

Tribal Amicus Brief

Tribal Amicus Brief II

States Amicus Brief in Support of Neither Party

Respondents Brief

Cert stage briefs:

Lower court materials:

Washington SCT Decision

Appellants Brief

Respondents Brief

Federal Court Affirms Sault Ste. Marie Tribe’s Sovereign Immunity to Bankruptcy Proceeding

January 24, 2018Sarah M Donnelly

Here are the materials in the matter of Buchwald Capital Advisors, LLC v. Sault Ste. Marie Tribe of Chippewa Indians, 16-cv-13643 (E.D. Mich. January 23, 2018)(In re: Greektown Holdings, LLC, #08-53104, Bankr. E.D. Mich.):

Link: Case archive

SCOTUS Denies Cert in Lewis Tein PC v. Mikkosukee

January 17, 2018January 17, 2018Matthew L.M. Fletcher1 Comment

Here is yesterday’s order list.

Petition stage materials here.

Federal Court Allows Bishop Paiute Suit against Inyo County re: Tribal Law Enforcement Authority to Proceed

January 11, 2018Matthew L.M. Fletcher

Here are the materials in Bishop Paiute Tribe v. Inyo County (E.D. Cal.):

45-1 inyo county mtd

46-1 sheriff mtd

47-1 inyo da mtd

Federal Court Denies Immunity to Lac Vieux Desert Band’s Sovereign Lending Solutions Employee

January 5, 2018Sarah M Donnelly

Here are the materials in the matter of Pennachietti v. Mansfield, 17-cv-02582 (E. Penn. Dec. 11, 2017):

Link to deja vu suit.