sovereign immunity – Page 98

Colombe now asks this Court to rule on the sole remaining issue from this Court’s September 23, 2011 Opinion and Order: Whether the Tribal Court had jurisdiction to hold that the oral modification to the NIGC-approved management contract was void. Colombe argues that the NIGC has the sole, exclusive authority to determine whether modifications to NIGC-approved management contracts can have any legal effect. Doc. 49 at 6-7. Colombe also argues that Defendants’ Tribal Court suit is prohibited because IGRA does not authorize a private cause of action. Doc. 49 at 8. Defendants counter that the Rosebud Sioux Tribal Supreme Court had jurisdiction to rule on the legal validity of the oral, unapproved modification to the approved management contract after Colombe raised the modification as a defense in the Tribe’s underlying contract suit. Doc. 59; Doc. 60. Defendants also assert that its Tribal Court suit is not for a “claimed IGRA violation” and therefore does not need to be authorized by the IGRA. Doc. 57 at 19.

Here are the materials on the Sept. 2011 order, and on the motion for reconsideration.

N.Y. Trial Court Holds Lower Brule Corporation Not Immune from Discovery in Loan Dispute

January 21, 2013Matthew L.M. Fletcher1 Comment

Here is the opinion in Seaport Loan Products LLC v. Lower Brule Community (N.Y. Supreme Ct.):

Seaport-LBCDE – Decision re Motion to Compel

News coverage: NY Law Journal Article (Sovereign Immunity)

The complaint is here.

Washington COA Holds State Courts Have Subject Matter Jurisdiction over Tribal Corporation

January 15, 2013Matthew L.M. Fletcher6 Comments

Here is the opinion in Outsource Services Management v. Nooksack Business Corporation:

Wash COA Opinion

And the briefs:

Outsource Services Management, Respondent v. Nooksack Business Corporation, Appellant
Case Number – 67050-6
Hearing Date – 09/20/2012

Pending Ninth Circuit En Banc Petition Materials in Maxwell v. County of San Diego

January 14, 2013Matthew L.M. Fletcher3 Comments

You’ll recall the panel opinion here found that tribal employees have no official immunity for official actions.

Here are the en banc petition materials:

Viejas Band En Banc Petition

Gila River Amicus Brief

Suquamish Tribe Amicus Brief

Yocha Dehe Wintun Nation Amicus Brief

Maxwell Response to En Banc Petition

Maxwell Supplemental Authorities Letter

The petition is still pending, but perhaps the Miller v. Wright amendment is evidence that the Ninth Circuit could take this case for en banc review.

Ninth Circuit Amends Miller v. Wright Panel Opinion

January 14, 2013January 14, 2013Matthew L.M. Fletcher2 Comments

Here is the amended opinion.

Our post on the prior opinion is here.

The single amendment is to eliminate this footnote:

4. Neither in the district court nor on appeal do Miller, Lanphere, and Matheson allege a separate and distinct claim for injunctive or declaratory relief against the officials qua officials. See Maxwell, —- F.3d —-, 2012 WL 4017462, at *11. We therefore express no opinion as to the viability of such a claim against the officials themselves.

An en banc petition in the Maxwell case is currently pending.