Federal Court Denies Yet Another Effort by CashCall/Western Sky to Force Tribal Arbitration

Here are the materials in MacDonald v. CashCall (D.N.J.):

11-1 Motion to Compel Arbitration

16 Opposition

20 Reply

24 Opinion

NJ Lenni-Lenape Tribe’s Claims against State Proceed

Here are the materials in Nanticoke Lenni-Lenape Tribal Nation v. Lougy (D. N.J.):

39-1 Motion to Dismiss

40 Opposition

41 Reply

50 DCT Order

Federal Court Allows Amended Suit against Seneca Holdings in Post-Hurricane Sandy Construction Dispute

Here are the materials in Private Solutions Inc v. SCMC LLC (D. N.J.):

53-1 Plaintiff Motion to Amend complaint

55 Opposition

58 Reply

63 DCT Order

An excerpt:

As Breakthrough makes clear, determining whether an economic entity such as Seneca Holdings benefits from tribal sovereign immunity requires a fact-intensive inquiry. The Court recognizes that Seneca Holdings has produced its Second Amended Charter, which discusses the economic entity’s formation, purpose, structure, and relationship to the Seneca Nation. [Docket Entry No. 55-1]. The Charter makes clear that Seneca Holdings was organized under tribal law and was created for the purpose of facilitating the Tribe’s economic interests. The Charter is highly probative of several of the Breakthrough factors; however, it is not enough to definitively establish that Seneca Holdings shares tribal sovereign immunity with the Seneca Nation of Indians. As such, more discovery is required to appropriately consider the issue. Consequently, at this juncture, Seneca Holdings purported tribal sovereign immunity does not render PSI’s proposed amendments futile.

Nanticoke Lenni-Lenape Tribal Nation Sues New Jersey over State Recognition

Here is the complaint in Nanticoke Lenni-Lenape Tribal Nation v. Hoffman (D. N.J.):

1 Complaint

Ramapough Tribal Members Suit against Producers of “Out of the Furnace”

Here is the news coverage.

Here is the complaint in DeGroat v. Cooper (D. N.J.):

1 Complaint

Sand Hill Lenape Land Claim Fails

Here is the opinion in New Jersey Sand Hill Band of Lenape and Cherokee Indians v. State of New Jersey (D. N.J.):

NJ Sand Hill Band v. New Jersey

US Dismissed from Employment Claim against Tribal Defense Contractor

The case is Rovinsky v. Choctaw Manufacturing and Development Corp. (D. N.J.). Here are the materials:

Rovinsky v Choctaw Mfg and Dev Corp DCT Order

Federal Motion to Dismiss

Choctaw Motion to Dismiss

The tribal motion to dismiss was denied but without prejudice, so it may be refiled at a later date.

Federal Court Denies TRO in Trillion Dollar Claim by New Jersey Sand Hill Indians

Here is the opinion (dct-order-denying-lenape-tro-request), and here is our previous post with the complaint.

And, here is our post relating to the parallel case involving the competing leadership to the same tribe.

The Trillion-Dollars-in-Gold-Coins Complaint

As reported by the New Jersey News (and How Appealing), here is the trillion dollar complaint in New Jersey Sand Hill Lenape and Cherokee Indians v. De Facto State of New Jersey. Actually, it’s an amended complaint, and the prayer for relief is only $999,999,999.

sand-hill-amended-complaint

Unalachtigo Band v. New Jersey — Order on Motion to Dismiss

In this case, the underlying suit was brought by non-federally recognized tribe to establish a land claim and perhaps federal recognition. The Stockbridge-Munsee Mohicans sought intervenor status to file a motion to dismiss on Rule 19 (indispensable party) grounds (again, my favorite rule). The district court denied the motion to dismiss, noting that the original plaintiffs had no standing anyway.

dct-opinion-on-motion-to-dismiss