Here are the materials in Tremblay v. Mohegan Sun Casino:
sovereign immunity
Federal Court Confirms Labor Union Arbitration Award against Picayune Rancheria Casino
Here are the materials in Unite Here Local 19 v. Picayune Rancheria of Chukchansi Indians (E.D. Cal.):
11-1 Unite Here Motion for Judgment on the Pleadings
An excerpt:
Respondents maintain that the Labor Management Relations Act (“LMRA”) does not apply to them because the statute does not expressly abrogate tribal sovereignty. This Court, however, need not determine whether the statute abrogates sovereignty, as Respondents have waived their sovereign immunity and consented to be sued in federal court. See Okla.Tax Comm’n v. Citizen Band Potawatomi Indian Tribe of Okla., 498 U.S. 505, 509 (1991) (“Suits against Indian tribes are thus barred by sovereign immunity absent a clear waiver by the tribe or congressional abrogation.”) (emphasis added). The CBA-which, again, Respondents concede they agreed to—provides:
For the sole purpose of enabling a suit to compel arbitration or to confirm an arbitration award under this Agreement or the Employer’s Tribal Labor Relations Ordinance, the Employer agrees to a limited waiver of sovereign immunity and consents to be sued in federal court, without exhausting tribal remedies.Pet., Exh. A at 17 (emphasis added). There is no indication that Respondents entered into this unequivocal waiver involuntarily. See White v. Univ. of Cal., 765 F.3d 1010, 1025–26 (9th Cir.2014) (“A voluntary waiver by a tribe must be unequivocally expressed.”) (internal quotation marks omitted).
Contrary to Respondents’ suggestion, the United States Supreme Court’s recent decision in Michigan v. Bay Mills Indian Community, 134 S.Ct. 2024 (2014), does not compel a different result. In fact, that opinion reconfirmed that an Indian tribe may waive its sovereign immunity: “we have time and again treated the doctrine of tribal immunity as settled law and dismissed any suit against a tribe absent congressional authorization or a waiver.” 134 S.Ct. 2030–31 (internal quotation marks, brackets, and parentheses omitted); see also id. at 2035 (“[I]f a State really wants to sue a tribe for gaming outside Indian lands, the State need only bargain for a waiver of immunity.”).
Materials in Wrongful Death Action against Mississippi Choctaw
Here are the briefs in Payne v. Mississippi Band of Choctaw Indians (S.D. Miss.):
News coverage here.
Federal Court Rejects Gaming Bid of MOWA Band of Choctaw Indians
Here are the materials in State of Alabama v. 50 Serialized JLM Games (S.D. Ala.):
23 Alabama Response to Motion to Dismiss
31 MOWA Amended Notice of Removal to Federal Court
CSKT Allotment Owner’s Trust Breach Claims Dismissed
Here are the materials in Liberty v. Jewell (D. Mont.):
Louisiana Appellate Briefs in Meyer & Assocs. v. Coushatta Tribe of Louisiana II
Here:
The report of the decision in Meyer & Assocs. v. Coushatta Tribe of Louisiana I is here:
Oklahoma v. Hobia Cert Petition
Here:
Petition for a Writ of Certiorari (as filed)
Question presented:
Does Michigan v. Bay Mills Indian Community, 134 S.Ct. 2024 (2014), require the dismissal of a State’s suit to prevent tribal officers from conducting gaming that would be unlawful under the Indian Gaming Regulatory Act and a state-tribal compact when
• the suit for declaratory and injunctive relief has been brought against tribal officials – not the tribe;• the gaming will occur in Indian country, on the land of another tribe; and
• the state-tribal compact’s arbitration provision does not require arbitration before filing suit?
Lower court materials here.
First Circuit Briefs in Luckerman v. Narragansett Tribe
Quinault Moves to Dismiss Claims against Estate of Edward Comenout; Counterclaims Dismissed, Too
Here are the materials in Quinault Indian Nation v. Comenout (W.D. Wash.):
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