FMLA Claim against Morongo Casino Dismissed on Immunity Grounds

Here are the materials in Fuller v. Morongo Casino (C.D. Cal.):

14-1 Motion to Dismiss

17 Opposition

28 DCT Order

Ninth Circuit Materials in Carsten v. Nevada Inter-Tribal Council — FMLA Claims


Carsten Opening Brief

ITC Answer Brief

Carsten Reply Brief

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

31 Bodi Opposition

37 Shingle Springs Reply

40 DCT Order

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 Claim against Viejas Enterprises Dismissed

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

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

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