sovereign immunity

Federal Bankruptcy Court Holds Bankruptcy Act Doesn’t Abrogate Tribal Immunity, Tribal Corporations Immune

Matthew L.M. Fletcher

Here are the materials in In re Money Centers of America (D. Del. Bkrcy.):

431 Order

An excerpt:

As set forth above, the Court finds that: (i) this is a facial attack on the Court’s subject matter jurisdiction allowing the Court to review various documents attached to the pleadings; (ii) both QCA and Thunderbird are sufficiently related to their respective Indian tribes to enjoy the tribes’ sovereign immunity; and (iii) neither Section 106(a) nor Section 101(27) abrogates QCA’s and Thunderbird’s sovereign immunity. Thus, Thunderbird’s motion to dismiss will be granted.

Furthermore, as to QCA only, the Court finds that it does not have sufficient information to determine whether there was a limited waiver of QCA’s sovereign immunity, to the extent of recoupment only, as to QCA’s claims. Although, at most recoupment would be limited to the amount of QCA’s claims against the Money Center’s estate

Quapaw Casino proceeding:

66 QCA Motion to Dismiss

67 Trustee Opposition

69 Reply

Thunderbird (Absentee Shawnee) proceeding:

6 Trustee Opposition

7 Thunderbird Brief

Federal Court Dismisses Pro Se Wrongful Termination Claim against White Earth Ojibwe

Matthew L.M. Fletcher

Here are the materials in Harper v. White Earth Human Resources (D. Minn.):

9-motion-to-dismiss

26-magistrate-report

28-dct-order

Federal Court Dismisses Employment Claims against Lac du Flambeau Ojibwe

Matthew L.M. Fletcher

Here are the materials in Bruguire v. Lac du Flambeau Band of Lake Superior Chippewa Indians (W.D. Wis.):

14 Motion to Dismiss

15 Opposition

16 Reply

22 DCT Order

Split Washington SCT Decides Rule 19/Tribal Immunity in In Rem Jurisdiction Matter

Matthew L.M. Fletcher2 Comments

Here is the 5-4 opinion in Lundgren v. Upper Skagit Indian Tribe.

Briefs:

Ninth Circuit Materials in Guidiville Rancheria v. United States

Matthew L.M. Fletcher

Here are the briefs:

Guidiville Rancheria Opening Brief

City of Richmond Brief

Reply

Oral argument video here.

Lower court materials here.

Wisconsin Oneida Cert Opposition Brief in Meyers v. Oneida

Matthew L.M. Fletcher

Here:

Oneida Cert Opp

Petition here.

No Stay Pending IGRA Appeal in 10th Circuit for Pueblo of Pojoaque

Sarah M Donnelly1 Comment

Link: Previous posts

Here are further materials and briefs in the matter of Pueblo of Pojoaque v. State of New Mexico, 16-cv-00625 (D. NM):

Ceiba Legal Awarded Attorney Fees After Successful Defense of RICO/Lanham Act Actions

Matthew L.M. Fletcher

Here are the materials in Elem Indian Colony of Pomo Indians of the Sulphur Bank Rancheria v. Ceiba Legal (N.D. Cal.):

70 Motion for Atty Fees

75 Response

79 Reply

83 DCT Order

Lower court materials here.

 

Tohono O’odham Court of Appeals Finds Constitutional Waiver of Immunity in Banishment Suit

Sarah M Donnelly

Downloads(PDF):

Federal Court Finds Sac and Fox Nation Police Officer Covered by FTCA

Matthew L.M. Fletcher

Here are the materials in Richie v. United States (W.D. Okla.):

12-motion-to-dismiss

16-response

19-reply

25-us-supplemental-brief

27-dct-order

An excerpt:

The Court, therefore, finds that assisting, when requested, a local law enforcement agency in the enforcement or carrying out of the laws the agency enforces would be encompassed within the law enforcement services included in the Compact and the AFAs. The Court further finds that Eversole’s actions of responding to a Stroud officer’s request for assistance would be encompassed by the Compact and the AFAs.