Tag Archives: Ex parte Young

Sequoia Capital Operations LLC v. Gingras Cert Petition [Chippewa-Cree Sovereign Lending]

Here: petitionforwritofcertiorari-3.pdf Question presented: Where an arbitration agreement contains a separate “delegation provision” that reserves for an arbitrator the authority to decide any disputes concerning arbitrability, does Section 2 of the Federal Arbitration Act require a court to decide any … Continue reading

Posted in Author: Matthew L.M. Fletcher, economic development, Research, Supreme Court | Tagged , , , , , , , , , ,

Federal Court Declines Jurisdiction over Nisqually Officials under Ex parte Young

Here are the new materials in Bell v. City of Lacey (W.D. Wash.): 53-bell-response-to-tribe-mtd.pdf 58-dct-order.pdf Prior pleadings, including the tribe’s motion on the pleadings (docket no. 36), are here.

Posted in Author: Matthew L.M. Fletcher, Criminal, Research, sovereign immunity | Tagged , , , , ,

Second Circuit Affirms in Gingras v. Think Finance Inc. [Chippewa Cree Lending]

Here is the opinion: CA2 Opinion From the court syllabus: Plaintiffs Jessica Gingras and Angela C. Given borrowed money from Plain Green, LLC, an online lending operation owned by the Chippewa Cree Tribe of the Rocky Boy’s Indian Reservation in Montana. The … Continue reading

Posted in Author: Matthew L.M. Fletcher, economic development, Research, sovereign immunity | Tagged , , , , , , ,

Federal Court Dismisses Title VI Claim against Chickasaw Housing

Here are the materials in Sanders v. Anoatubby (W.D. Okla.): 11 Motion to Dismiss 14 Response 16 Reply 19 DCT Order An excerpt: Having carefully reviewed plaintiff’s Complaint, and presuming all of plaintiff’s factual allegations are true and construing them … Continue reading

Posted in Author: Matthew L.M. Fletcher, Research, sovereign immunity | Tagged , , , , , | 1 Comment

Sault Tribe Motion to Dismiss Michigan Gaming Suit

Here are the new materials in the case captioned State of Michigan v. Payment (W.D. Mich.): 2015-03-20 Brief in Support of Defendant’s Motion to Dismiss Amended Complaint 2015-03-20 Defendant’s Motion to Dismiss Amended Complaint 71 Michigan Response to Motion to … Continue reading

Posted in Author: Matthew L.M. Fletcher, gaming, IGRA, Michigan Indian, Research, sovereign immunity | Tagged , , , , , , , , , , , , , , , , , , | 1 Comment

Seminole Tribe v. Fla. Dept. of Revenue is SCOTUSBlog Petition of the Day

Here.

Posted in Author: Matthew L.M. Fletcher, News, Research, sovereign immunity, Supreme Court, taxation | Tagged , , , , | 1 Comment

Updated Materials in Michigan v. Sault Tribe — State Seeks to Sue Tribal Officials

Here are the materials in State of Michigan v. Sault Ste. Marie Tribe of Chippewa Indians (W.D. Mich.): 49 Renewed Motion to Dismiss 53-1 State Motion for Relief 55 State Response to Motion to Dismiss 57 Soo Tribe Reply 58 … Continue reading

Posted in Author: Matthew L.M. Fletcher, gaming, IGRA, Michigan Indian, Research, sovereign immunity | Tagged , , , , , , , , , , , , | 2 Comments

Bay Mills Opinion First Impressions — Dodging the Biggest Bullet Since Worcester

The Bay Mills Indian Community and the rest of Indian country dodged a very large bullet aimed by the State of Michigan at a core principle of inherent tribal sovereignty and tribal governance with today’s opinion by Justice Kagan. The … Continue reading

Posted in Author: Matthew L.M. Fletcher, gaming, IGRA, Michigan Indian, Research, sovereign immunity, Supreme Court | Tagged , , , , , , | 11 Comments

Tenth Circuit Decides Important Second Amendment/Official Immunity Appeal

Here is the opinion in Peterson v. Martinez. Not an Indian law case, but the material on state official immunity is interesting, in my view, because of how much of the Tenth Circuit’s jurisprudence on the subject derives from Indian … Continue reading

Posted in Author: Matthew L.M. Fletcher, Research, sovereign immunity | Tagged , , , , ,

Ninth Circuit Denies Rehearing/En Banc Review of Maxwell v. County of San Diego — Tribal Officials Not Immune under Section 1983

Here is the order: Maxwell v. County of San Diego (9th 2013) An excerpt: The panel has voted to deny the petition for rehearing in case number 10-56671; Judges Clifton and Ikuta vote to deny the petition for rehearing en … Continue reading

Posted in Author: Matthew L.M. Fletcher, Research, sovereign immunity | Tagged , , , , , , , | 1 Comment