Here are the materials in Fuller v. Morongo Casino (C.D. Cal.):
Family and Medical Leave Act
Ninth Circuit Materials in Carsten v. Nevada Inter-Tribal Council — FMLA Claims
Oral argument video and audio.
Lower court materials here.
Federal Court Seeks Briefing on Whether Tribe Waived Immunity by Removing FMLA Claim against Tribe to Federal Court
Here are the materials in Bodi v. Shingle Springs Band of Miwok Indians (E.D. Cal.):
19 Shingle Springs Motion to Dismiss
From the order:
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
Here are the materials in Carsten v. Inter-Tribal Council of Nevada (D. Nev.):
FMLA Claim against Viejas Enterprises Dismissed
Here are the materials in Morrison v. Viejas Enterprises (S.D. Cal.):
DCT Order Dismissing Morrison Complaint
Delaware DCT Holds that ANC Subsidiaries Subject to Suit under ADA and FMLA
The case is Peason v. Chugash Governmental Services, Inc. (D. Del.). The materials:
FMLA Claim against Soaring Eagle Casino Dismissed
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: