sovereign immunity – Page 64

Federal Court Dismisses Access Fees Suit against Two Tribal Telecommunications Companies

November 19, 2015Matthew L.M. Fletcher

Here are the relevant materials in MCI Communications Services Inc. v. Arizona Telephone Co. (N.D. Tex.):

37 Tribal Telecommunications Companies Motion to Dismiss

41 Opposition

42 Reply

48 Surreply

49 Final Tribal Reply

50 DCT Order

An excerpt:

In this action by two interexchange carriers (“IXCs”) seeking relief related to access fees that local exchange carriers (“LECs”) charge the IXCs to provide access services for wireless intraMTA calls, three defendants move to dismiss under Fed. R. Civ. P. 12(b)(1) based on tribal immunity. For the reasons explained, the court grants the motion and also grants plaintiffs leave to replead.

Tenth Circuit Briefs in Amerind Risk Management v. Blackfeet Housing

November 19, 2015Matthew L.M. Fletcher

Here:

Amerind Risk Opening Brief

Blackfeet Housing Appellee Brief

Lower court materials here.

Federal Court Holds ERISA Abrogates Tribal Immunity

November 9, 2015Matthew L.M. Fletcher

Here are the materials in Coppe v. Sac & Fox Casino Healthcare Plan (D. Kan.):

An excerpt:

The statutory language of ERISA in 29 U.S.C. § 1002(32) demonstrates that Congress specifically intended for Indian tribes to maintain sovereign immunity for some employee benefit plans and to abrogate it for others. The language makes it clear that the exemption from the requirements of ERISA applies if all the employees in the plan established by an Indian tribe are “in the performance of essential governmental functions but not in the performance of commercial activities [whether or not an essential government function].”

Congress’s 2006 amendments to ERISA constitute an unequivocal waiver of sovereign immunity for tribal employee plans that perform commercialfunctions. Even before those amendments, circuit courts found ERISA applicable to Indian tribes whose employees performed non-governmental functions. Lumber Indus. Pension Fund v. Warm Springs Forest Prods. Indus., 939 F.2d 683 (9th Cir. 1991); Smart, 868 F.2d at 929.