Family and Medical Leave Act

The court is concerned by a predicate question: whether the Tribe waived sovereign immunity by removing the action to federal court.

The issue is an open one in the Ninth Circuit. District courts to have considered it focus their analysis on whether tribal immunity is more analogous to states’ immunity to suit under the Eleventh Amendment, or to foreign nations’ immunity under the Foreign Sovereign Immunities Act of 1976, 27 U.S.C. § 1602 et seq. Courts taking the former position have found removal to constitute waiver, see, e.g., State Eng’r v. S. Fork Band of the Te–Moak Tribe of W. Shoshone Indians, 66 F. Supp. 2d 1163 (D. Nev. 1999), while courts taking the latter position have not, see, e.g., Ingrassia v. Chicken Ranch Bingo and Casino, 676 F. Supp. 2d 953 (E.D. Cal. 2009).

FMLA Suit against Nevada Inter-Tribal Council Dismissed

September 12, 2013Matthew L.M. Fletcher1 Comment

Here are the materials in Carsten v. Inter-Tribal Council of Nevada (D. Nev.):

FMLA Claim against Viejas Enterprises Dismissed

July 29, 2011Matthew L.M. Fletcher

Here are the materials in Morrison v. Viejas Enterprises (S.D. Cal.):

DCT Order Dismissing Morrison Complaint

Viejas Motion to Dismiss

Morrison Response

Viejas Reply

Delaware DCT Holds that ANC Subsidiaries Subject to Suit under ADA and FMLA

November 11, 2009Matthew L.M. Fletcher

The case is Peason v. Chugash Governmental Services, Inc. (D. Del.). The materials:

Pearson DCT Order

Chugash Motion to Dismiss

Pearson Opposition to Motion

Chugash Reply Brief

FMLA Claim against Soaring Eagle Casino Dismissed

October 13, 2009Matthew L.M. Fletcher

Here is the court order in Sober v. Soaring Eagle Casino (E.D. Mich.), dismissed on grounds that the plaintiff failed to exhaust tribal court remedies (she did not appeal tribal court’s dismissal of her claim to the tribal court of appeals) — Sober v Soaring Eagle DCT Order

Here are the materials:

SCIT Motion to Dismiss

Sober Tribal Court Order