sovereign immunity – Page 60

As Breakthrough makes clear, determining whether an economic entity such as Seneca Holdings benefits from tribal sovereign immunity requires a fact-intensive inquiry. The Court recognizes that Seneca Holdings has produced its Second Amended Charter, which discusses the economic entity’s formation, purpose, structure, and relationship to the Seneca Nation. [Docket Entry No. 55-1]. The Charter makes clear that Seneca Holdings was organized under tribal law and was created for the purpose of facilitating the Tribe’s economic interests. The Charter is highly probative of several of the Breakthrough factors; however, it is not enough to definitively establish that Seneca Holdings shares tribal sovereign immunity with the Seneca Nation of Indians. As such, more discovery is required to appropriately consider the issue. Consequently, at this juncture, Seneca Holdings purported tribal sovereign immunity does not render PSI’s proposed amendments futile.

Ninth Circuit Dismisses Suit against Tribal Insurers

May 23, 2016Matthew L.M. Fletcher

Here are the materials in Allied World Assurance Company:

CA9 unpublished memorandum

Federal Court Dismisses Lanham Act Claim against Poarch Band

May 11, 2016Matthew L.M. Fletcher

Here are the materials in Virtualpoint Inc. v. Poarch Band of Creek Indians (C.D. Cal.):

22-1 Motion to Dismiss

25 Opposition

27 Reply

29 DCT Order

Fed. Bankruptcy Court Dismisses Adversary Proceeding; Sovereign Immunity

May 10, 2016May 10, 2016Matthew L.M. Fletcher

Here are the materials in Subranni v. Navajo Times Publishing Company (In re Star Group Communications) (D. N.J. Bnkrcy):

4-1 Motion to Dismiss

8 Opposition

10 Reply

13 Order

Federal Court Dismisses Slip and Fall Suit against Barona Band

May 10, 2016May 10, 2016Matthew L.M. Fletcher

Here are the materials in Butler v. Barona Band of Mission Indians of California (C.D. Cal.):

Federal Court Dismisses Wrongful Termination Claim against Coushatta Tribe

April 15, 2016April 15, 2016Matthew L.M. Fletcher

Here are the materials in Anderson v. Coushatta Casino Resort (W.D. La.):

18-1 Motion to Dismiss

22 Reponse

25 DCT Order

N.Y. Appellate Division Affirms Legality of Gaming Compacts

April 11, 2016Matthew L.M. Fletcher1 Comment

Here is the opinion in Schulz v. State of New York Executive:

520670

An excerpt:

The Gaming Act, among other things, provided a statutory framework for regulating casino gambling within the state and effectuated three agreements entered into between the state and the Oneida Indian Nation, the Seneca Nation of Indians and the St. Regis Mohawk Tribe (hereinafter collectively referred to as the Indian Nations). Those agreements generally provided that the state would grant the Indian Nations exclusive gaming rights within their respective geographic areas in exchange for a percentage of the gaming revenues and/or support for the then proposed casino gambling referendum, which was passed by the voters at the November 2013 general election.

Eleventh Circuit Rejects Miccosukee Members’ Federal Tax Challenge

March 24, 2016Matthew L.M. Fletcher

Here is the opinion in Cypress v. United States:

CA11 Unpublished Opinion

An excerpt:

This appeal arises out of a dispute between sixteen members of the Miccosukee Tribe of Florida (the “Tribe members”) and the United States, the U.S. Department of the Interior, the U.S. Department of the Treasury, and the Secretaries of the Treasury and of the Interior (collectively, “the Government”). The Tribe members seek declaratory relief to avoid paying federal income taxes on distributions, including gaming proceeds, paid out of the Tribe’s trust account. The district court dismissed the complaint for lack of subject matter jurisdiction, finding that the United States had not waived sovereign immunity for suits brought by individual Tribe members. The Tribe members now appeal the dismissal.

We agree with the district court that the Government did not waive sovereign immunity. Accordingly, we affirm the district court’s dismissal of this matter.

Briefs here.