sovereign immunity

Ninth Circuit Affirms Rule 19 Dismissal of Maverick Gaming Suit

Matthew L.M. Fletcher

Here is the opinion in Maverick Gaming LLC v. United States.

Briefs here.

New York Appellate Division Allows Suit against Shinnecock Officials and Enjoins Billboard Construction

Matthew L.M. Fletcher

Here is the order in  Commissioner of the New York State Department of Transportation v. Polite (N.Y. A.D.):

OpinionDownload

California Federal Dismisses CCTA Suit against Alturas Tribe, Business, Individual, Whatever

Matthew L.M. Fletcher

Here are the new materials in State of California v. Del Rosa (E.D. Cal.):

78 State Motion for Reconsideration.pdfDownload
81-1 Tribe Motion to Dismiss.pdfDownload
82 State Motion for Sanctions.pdfDownload
84 State Opposition to 81.pdfDownload
86 Tribe Opposition to 78.pdfDownload
87 Tribe Opposition to 82.pdfDownload
89 Reply ISO 78.pdfDownload
90 Reply ISO 81.pdfDownload
91 Reply ISO 82.pdfDownload
95 DCT Order re Sanctions.pdfDownload
96 DCT Order re Motion for Reconsideration .pdfDownload
97 DCT Order re Motion to Dismiss.pdfDownload

Tenth Circuit Affirms Dismissal of Effort to Relitigate San Juan Basin Water Rights

Matthew L.M. Fletcher

Here is the unpublished opinion in Clark v. Haaland.

Briefs:

Opening Brief

Federal Brief

Navajo Brief

New Mexico Brief 

Reply

Virginia Federal Dismisses FMLA Suit against Navajo Business

Matthew L.M. Fletcher

Here are the materials in Butrick v. Diné Development Corp. (E.D. Va.):

1 Complaint.pdfDownload
7 Motion to Dismiss.pdfDownload
12 Opposition.pdfDownload
13 Reply.pdfDownload
18 DDC Supplemental Brief.pdfDownload
19 Butrick Supplemental Brief.pdfDownload
25 DCT Order.pdfDownload

Oklahoma Federal Court Dismisses Some Modoc Claims against Alleged Fraudster But Allows Counterclaims to Proceed

Matthew L.M. Fletcher

Here are many many many materials in Modoc Nation v. Shah or Bohl or Softek or whatever it is (N.D. Okla.):

29 Amended Complaint

41 Counterclaim

44 Third Party Complaint

61 Modoc Motion to Dismiss 41

65 Amended Counterclaim

75 Motion to Dismiss

77 Follis MSJ

77-1 Exhibit

78 Response to 61

82 Second Amended Counterclaim

93 Littleaxe MTD

97 Opposition to 61

100 Opposition to 77

102 Opposition to 75

112 Reply ISO 61

113 Follis Reply ISO 77

114 Reply ISO 75

116 Opposition to 93

129 Reply ISO 93

130 Modoc Response to Reconverted MTD

131 Reply ISO 75

136 DCT Order re 75

137 DCT Order Denying 61

138 DCT Order re 93

Eleventh Circuit Decides Muscogee (Creek) Nation v. Rollin [Hickory Creek]

ilpc

Here is the opinion:

202111643Download

Briefs are here.

Minnesota COA Holds a Subpoena is a “Suit” for Tribal Immunity Purposes

Matthew L.M. Fletcher

Here is the opinion in In the Matter of the Welfare of J.A.D.:

Opinion.pdfDownload

Ninth Circuit Affirms State of California v. Azuma Corp.

Matthew L.M. Fletcher

Here is the unpublished opinion.

Briefs here.

California Trial Court Dismisses Suit against Pauma Valley Indian Health Project

Matthew L.M. Fletcher

Here are available materials in Turner v. Indian Health Council Inc. (Cal. Super.):

Complaint.PDFDownload
Turner – Order to Dismiss.pdfDownload