Federal Court Dismisses Tort Claim Against Alabama-Coushatta Tribe

Here are the materials in Jones v. Alabama-Coushatta Tribe (E.D. Tex.):

1 Complaint

9 Motion to Dismiss

12 Amended Complaint

18 Motion to Dismiss

20 Response

21 Reply

22 Surreply

25 Magistrate Report

26 Tribe Objections

27 Jones Objections

29 Tribe Response

30 Supplemental Motion to Dismiss

31 Response

32 Reply

33 Magistrate Report

34 Jones Objection

35 Response

36 DCT Order

An excerpt:

Jones’s objections to the Reports do not raise any new arguments to support his claim that his premises liability claim is not barred by sovereign immunity. He instead continues to argue that this court should follow Wilkes v. PCI Gaming Authority, 287 So.3d 330and hold that the Tribe’s sovereign immunity is waived in the interests of justice. But as discussed in the first Report, the only court to cite Wilkes has declined to follow it. See Oertwich v. Traditional Vill. of Togiak, 413 F. Supp. 3d 963, 968 (D. Alaska 2019). The court agrees with the magistrate judge that “Wilkes, an Alabama Supreme Court decision that has never been cited by any circuit court, is not enough for this court to override both Fifth Circuit case law dismissing damages claims based on tribal sovereign immunity or the case law from other circuits upholding sovereign immunity for claims sounding in tort.” (Doc. #25, at 6). Thus, this claim must be dismissed.

Alabama-Coushatta Tribe Cert Petition in Gaming Matter

Here is the petition in Alabama-Coushatta Tribe of Texas v. Texas:


Questions presented:

Whether IGRA authorizes gaming on tribal lands previously governed by trust statutes that prohibited gaming, as the National Indian Gaming Commission, the Department of the Interior, and the First Circuit have concluded, or not, as the Fifth Circuit has held.

Lower court materials here.





Fifth Circuit Rules in Favor of Texas over Alabama-Coushatta Tribe on Gaming

Here is the opinion in State of Texas v. Alabama-Coushatta Tribe.

Briefs and lower court materials here.

Fifth Circuit Briefs in State of Texas v. Alabama-Coushatta Tribe of Texas


Alabama-Coushatta Tribe Brief

Amicus Brief Supporting Tribe

Texas Brief

Lower court materials here.

Texas Prevails over Alabam-Coushatta in Gaming Dispute

Here are the materials in State of Texas v. Alabama-Coushatta Tribe of Texas (E.D. Tex.):

74 Texas Motion for Contempt

76 Tribe Motion to Set Aside Judgment

77 Texas Response to 76

80 Tribe Reply in Support of 76

96 Texas Motion for PI

99 Tribe Motion for Summary Judgment

100 Texas Opposition to 99

103 Tribe Response to 74

104 Tribe Response to 96

105 Tribe Reply in Support of 99

106 Texas Reply in Support of 74

107 Texas Reply in Support of 96

129 DCT Order

131 Tribe Motion to Stay

Federal Court Joins Tribe in Patent Texas Matter

Here are the relevant materials in Allergan Inc. v. Teva Pharmaceuticals USA Inc. (E.D. Tex.):

503 DCT Order to Produce

510 Production of Documents

517 Unopposed Motion

520 Opposition

522 DCT Order

Fifth Circuit Briefs in Alabama-Coushatta Tribe v. United States — Land Claims Judgment Suit


Alabama-Coushatta Opening Brief

US Appellee Brief

Alabama-Coushatta Reply Brief

Lower court materials here.

Federal Court Rejects Alabama-Coushatta Tribe’s Effort to Force US to Pay Land Claims Judgment

Here are the materials in Alabama-Coushatta Tribe v. United States (E.D. Tex.):

US Motion to Dismiss

Alabama-Coushatta Opposition

US Reply

MJ R&R Recommending Dismissal

DCT Order Adopting MJ R&R

We posted the complaint here.