sovereign immunity

Second Circuit Briefs in Gingras v. ThinkFinance & Plain Green

Matthew L.M. Fletcher

Here are the materials in Gingras v. ThinkFinance LLC:

Plain Green Officers Brief

ThinkFinance Brief

Appellee Brief

Plain Green Officers Reply

ThinkFinance Reply

Lower court decision in Gingras v. Rosette here.

California SCT Rules against Immunity for Tribal Sovereign Lenders

Matthew L.M. Fletcher

Here is the opinion in People ex rel. Owens v. Miami Nation Enterprises.

We posted briefs here.

Amicus Briefs Supporting Respondent in Lewis v. Clarke

Matthew L.M. Fletcher

Here:

Oregon and Arizona Amicus Brief

Seminole Tribe Amicus Brief

NCAI Amicus Brief (+Texas, New Mexico, Colorado and Six Tribes)

Ninth and Tenth Circuit Tribes’ Amicus Brief

Background materials here.

Respondent’s Brief in Lewis v. Clarke

Sarah M Donnelly

Download(PDF): Brief for Respondent

Link: Lewis v. Clarke tag archive

Federal Court Dismisses Energy Company Counterclaim against Battle Mountain

Matthew L.M. Fletcher

Here are the materials in Battle Mountain Band of the Te-Moak Tribe of Western Shoshone Indians v. Bureau of Land Management (D. Nev.):

83-motion-to-dismiss-counterclaim

92-carlin-resources-response

93-reply

94-order

The main suit against the BLM is currently on appeal to the Ninth Circuit. Materials here.

 

Meyers v. Wisconsin Oneida Cert Petition — Another Immunity Case

Matthew L.M. Fletcher2 Comments

Here is the petition in Meyers v. Oneida Tribe of Indians of Wisconsin:

Cert petition

Questions presented:

1. Whether Congress abrogated the sovereign immunity of an Indian tribe under 15 U.S.C. § 1681, et seq., by providing that “any…government” may be liable for damages.
2. Whether an individual who receives a computer generated cash register receipt displaying more than the last five digits of the individual’s credit card number and the card’s expiration date has suffered a concrete injury sufficient to confer standing under Article III of the United States Constitution.

Lower court materials here.

Federal Court Dismisses Slip and Fall Suit against Casino for Failure to Exhaust Tribal Remedies

Matthew L.M. Fletcher

Here are the materials in Sullivan v. Harrah’s Operating Company (D.S.C.):

28-1-motion-to-dismiss

34-dct-order

Federal Court Denies Rule 11 Sanctions Motion against Counsel for United Indian Health Services

Matthew L.M. Fletcher

Here are the materials in United Indian Health Services v. Su (E.D. Cal.):

29-dct-order-dismissing-suit

31-1-motion-for-sanctions

32-opposition

33-reply

35-dct-order-denying-sanctions

SCOTUS to Hear Lewis v. Clarke on January 9, 2017

Matthew L.M. Fletcher

Here is the Court’s January calendar.

Background materials on the case here.

US Seeks Reversal in Lewis v. Clarke (Different Theory than Petitioners)

Matthew L.M. Fletcher

Here is that brief:

SG Brief

Here is another amicus brief supporting petitioner:

Conn. Trial Lawyers Assn. Amicus Brief

The background materials are here.