California Appeals Court Holds Pechanga Casino Officials May Be Sued in Employment Action

Here is the opinion in Cosentino v. Fuller:

Opinion

An excerpt:

For sovereign immunity to apply, the claims against tribal officials must be based on actions the officials took in their  official capacity and within the scope of their official authority. An official’s actions that exceed the scope of his or her authority are not protected. Although the parties do not dispute that as members of the tribe’s gaming commission Defendants had the authority to revoke a gaming license if they received reliable information the licensee no longer satisfied the requirements for obtaining a license or had engaged in conduct that reflected poorly upon the tribe or its gaming activities, the record lacks evidence showing Defendants received any such information about Cosentino or an explanation of why they revoked his gaming license. Cosentino, however, presented evidence supporting his claim Defendants exceeded the scope of their authority by revoking his license without cause and in retaliation against him. Sovereign immunity prevents us from inquiring into the reliability of information Defendants may have relied upon in revoking Cosentino’s license or any other errors they may have made, but it does not prevent inquiry into whether Defendants exceeded their authority by using their official position to intentionally harm Cosentino.

Materials in a related Ninth Circuit matter are here.

Federal Court Affirms Immunity of Lac Vieux Desert Band’s Sovereign Lending Solutions (and Employee)

Here is the opinion in Bynon v. Mansfield (E.D. Pa.):

16-1 Motion to Dismiss

18 Response Brief

19 Reply

20 – Opinion

21 – Order

We posted the complaint here.

Oklahoma v. Hobia is SCOTUSBlog Petition of the Day

Here.

The petition is here.

Blue Lake Rancheria Prevails in Unemployment Tax Dispute

Here are the materials in Blue Lake Rancheria v. Lanier (E.D. Cal.):

82-1 Blue Lake Motion for Summary J

92 Opposition

94 Blue Lake Statement of Material Facts

94-1 Blue Lake Reply

98 DCT Order

Prior decisions in this matter are here and here.

Federal Court Dismisses Contract Breach Claim against Fort Sill Apache Industries

Here are the materials in Team Systems International LLC v. Haozous (W.D. Okla.):

19 Tribal Motion to Dismiss

21 TSI Response

26 Tribal Reply

31 DCT Order

Federal Court Dismisses Lake Quinault Dispute

Here are the orders (no written opinion yet) in North Quinault Properties LLC v. Quinault Indian Nation (W.D. Wash.):

23 DCT Order Granting Tribal Motion to Dismss

24 DCT Order Granting State Motion to Dismiss

Motions here.

Federal Court Dismisses Employment Suit against San Manuel

Here are the materials in Harris v. San Manuel Band of Mission Indians (C.D. Cal.):

17-1 Motion to Dismiss

19 Opposition

22 DCT Order

Pro Se Section 1983 Suit against Mille Lacs Ojibwe Dismissed

Here are the materials in Goodman v. Waukey (D. Minn.):

1 Complaint

7 Magistrate Report

11 DCT Order

SCOTUS Holds FTCA’s Time Bars are Subject to Equitable Tolling

Here is the opinion in United States v. Kwai Fun Wong. An excerpt:

The Federal Tort Claims Act (FTCA or Act) provides that a tort claim against the United States “shall be forever barred” unless it is presented to the “appropriate Federal agency within two years after such claim accrues” and then brought to federal court “within six months” after the agency acts on the claim. 28 U. S. C. §2401(b). In each of the two cases we resolve here, the claimant missed one of those deadlines, but requested equitable tolling on the ground that she had a good reason for filing late. The Government responded that §2401(b)’s time limits are not subject to tolling because they are jurisdictional restrictions. Today, we reject the Government’s argument and conclude that courts may toll both of the FTCA’s limitations periods.

Federal Court Dismisses Wrongful Death Action against Mississippi Choctaw

Here is the order in Payne v. Mississippi Band of Choctaw Indians (S.D. Miss.):

16 DCT Order Granting Motion to Dismiss

Pleadings here.