Eleventh Circuit Affirms Tribal Immunity in Contour Spa v. Seminole Tribe

Here are the materials:

CA11 Opinion

Contour Spa Opening Brief

Seminole Appellee Brief

Contour Spa Reply Brief

Lower court materials here. Commentary on the lower court case here.

Second Contract Breach Claim against Lower Brule

Here is the complaint in Seaport Loan Products LLC v. Lower Brule Community Development Corp. (N.Y. Super.):

Filed Complaint & Summons

The prior complaint is here.

Complaint in Eagle Private Equity, LLC v. Lower Brule Community Development Enterprise, LLC — Business Deal Gone Bad

Here is the complaint, filed in the Eastern District of Missouri:

Eagle Private Equity Complaint

Update: Case voluntarily dismissed ten days after filing — 4 DCT Order

Here are snippets of the alleged facts: Continue reading

Eastern Shawnee Complaint against Financial Services Company/Individuals Alleging Fraud

Here is the complaint in Eastern Shawnee Tribe of Oklahoma v. William Morris Financial Services LLC (Ottawa Cty. Dist. Ct.):

ESTO.Wm Morris Fin – 2012-02-24Petition, CJ 12 50, Ottawa Cty

Federal Court Remands Contract Breach Claim against Seminole Tribe to State Court

Here are the materials in Contour Spa at Hard Rock v. Seminole Tribe (S.D. Fla.):

DCT Order Remanding Case to Fla. Cir. Ct.

Seminole Tribe Motion to Dismiss

Cypress Motion to Dismiss

Contour Spa Response to Cypress Motion

Contour Spa Response to Tribe Motion

Tribe Reply

Cypress Reply

Of note, the court here appeared to assume that the so-called “Dry Creek lodge exception” could apply here, but found that the plaintiffs did not meet the requirements (one of which was essentially exhaustion of tribal forums). This is a potentially troubling development (that is, the spread of Dry Creek Lodge to areas outside of the Tenth Circuit).