Upper Skagit Cert Petition in In Rem Tribal Immunity Matter

Here is the petition in Upper Skagit Indian Tribe v. Lundgren:

Cert Petition

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?

Lower court materials here.

UPDATE:

Cert Opp

Reply

Greg Ablavsky: “Tribal Sovereign Immunity and Patent Law”

Here, from Written Description, an IP blog.

Federal Court Grants Rule 19 Dismissal in Challenge to Navajo Mine and Four Corners Power Plant

Here are the materials in Diné Citizens Against Ruining Our Environment v. Bureau of Indian Affairs (D. Ariz.):

50 Motion to Dismiss

56 US Opposition

57 Plaintiffs Opposition

61 Reply

64 DCT Order

Federal Court Declines to Stay Mandate in Effort to Condemn Navajo Lands Saying Utility Loses Even if SCOTUS Reverses

Here are the materials in Public Service Company of New Mexico v. Approximately 15.49 Acres of Land in McKinley County (D.N.M.):

142 Motion to Confirm Stay Order

143 Response

145 Reply

147 DCT Order

Prior posts here.

Alaska SCT Issues Opinion Affirming Tribal Sovereign Immunity from Suit

Here is the opinion in Douglas Indian Association v. Central Council of Tlingit & Haida Indian Tribes.

Ninth Circuit Affirms Dismissal of Counterclaims against Quinault Tribe

Here are the materials in Quinault Indian Nation v. Pearson.

Opinion

Opening Brief

Answer Brief

Reply

The court’s syllabus:

In an action brought by the Quinault Indian Nation alleging a scheme to defraud the Nation of cigarette taxes, the panel affirmed the district court’s dismissal of counterclaims as barred by the Nation’s sovereign immunity. 

The panel held that if brought in a separate suit against the Nation, the counterclaims would be barred by sovereign immunity. Asserting the claims as counterclaims did  not change the sovereign-immunity analysis. The panel concluded that the Nation did not waive its sovereign immunity because it filed the underlying suit but took no further action that unequivocally waived its immunity to the counterclaims, and the counterclaims did not qualify as claims for recoupment.

Materials in Cherokee Nation Trust Breach Claims against Interior

Here are the materials so far in Cherokee Nation v. Dept. of Interior (W.D. Okla.):

1 Complaint

51-1 Motion to Dismiss

55 Cherokee Motion to Strike Exhibits

58 US Response to Motion to Strike

59 Cherokee Reply in Support of Motion to Strike

63 Cherokee Response to Motion to Dismiss

Virginia Federal Court Confirms Immunity of Tribal Sovereign Lending Entity

Here are the materials in Howard v. Plain Green (E.D. Va.):

14 Motion to Dismiss

18 Response

19 Reply

21 Magistrate Report

22 DCT Order

Federal Court Rules in Favor of Stillaguamish Tribe in Dispute with State of Washington over Apparent/Actual Authority to Waive Tribal Immunity

Here are the materials in Stillaguamish Tribe of Indians v. State of Washington (W.D. Wash.):

26 State Motion for Summary Judgment

28 Tribe Motion for Summary J

33 Tribe Response

37 State Response

41 State Reply

42 Tribe Reply

44 DCT Order

Florida COA Affirms Tribal Immunity Defense in Miccosukee Tribe v. Lewis & Tein 

Here is the opinion.

An excerpt:

“There are reasons to doubt the wisdom of perpetuating the doctrine” of tribal immunity. Kiowa Tribe of Oklahoma v. Mfg. Techs., Inc., 523 U.S. 751, 758 (1998). It “can harm those who are unaware that they are dealing with a tribe, who do not know of tribal immunity, or who have no choice in the matter, as in the case of tort victims.” Id. No one knows this more than Guy Lewis and Michael Tein. The Miccosukee Tribe of Indians of Florida, according to Lewis and Tein’s complaint, spent five years filing false lawsuits, suborning perjury, and obstructing justice, in an effort to damage the attorneys’ finances, reputations, and law firm. Whatever its wisdom, tribal immunity endures, and Indian tribes are not subject to the civil jurisdiction of our courts absent a clear, explicit, and unmistakable waiver of tribal sovereign immunity or a congressional abrogation of that immunity. Because neither exception to tribal immunity has been established in this case, we reverse the trial court’s denial of the Miccosukee Tribe’s motion to dismiss.

UPDATE (9/7/17):

Miccosukee Brief

USET Amicus Brief

Answer Brief

Tribe Reply