sovereign immunity – Page 49

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

Greg Ablavsky: “Tribal Sovereign Immunity and Patent Law”

September 13, 2017September 13, 2017Matthew L.M. Fletcher

Here, from Written Description, an IP blog.

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

September 12, 2017September 12, 2017Matthew L.M. Fletcher

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

September 12, 2017September 12, 2017Matthew L.M. Fletcher

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

September 8, 2017Matthew L.M. Fletcher

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

August 29, 2017August 29, 2017Matthew L.M. Fletcher

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

Opinion

Opening Brief

Answer Brief

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.