Louisiana Federal Court Declines to Allow Nonmember Tribal Court Defendant to Remove Case to Federal Court

Here are the materials in Avoyelles Water Commission v. Ward 3 Avoyelles Waterworks District (W.D. La.):

Montana Federal Court Declines to Accept Removal of Civil Suit from CSKT Tribal Court

Here are materials from McClure v. Futrell (D. Mont.):

Federal Court Dismisses Suit against Ysleta del Sur Pueblo Police over Off-Reservation, Pretextual Stop

Here are the materials in Holguin v. Ysleta del Sur Pueblo (W.D. Tex.):

1 Notice of Removal

1-1 Complaint

4 Motion to Dismiss

5 Motion to Remand

7 Tribe Response to 5

9 DCT Order Denying Remand

12 Response to 4

15 Reply in Support of 4

18 Surreply

19 DCT Order

Materials (so far) in Sauk-Suiattle’s Dam Suit against Seattle

Here are the early pleadings in Sauk-Suiattle Indian Tribe v. City of Seattle (W.D. Wash.):

1 Notice of Removal + Exhibits

5 Amended Complaint

7 Motion to Remand

Federal Court Remands to State Court Workers Comp. Claims against Tribal Insurer

Here are the materials in Mendoza v. First Santa Fe Insurance Services Inc. (D.N.M.):

1 Notice of Removal

1-2 Amended Complaint

6 Motion to Dismiss

8 Response

10 Motion to Remand

12 Reply in Support of Motion to Dismiss

14 Response to Motion to Remand

17 Reply in Support of Motion to Remand

42 DCT Order

Related case here.

Federal Court Remands Insurance Dispute Involving Eastern Band Cherokee Gaming Entity to State Court

Here are the materials in Gemini Insurance Company v. Harrah’s NC Casino Company LLC (E.D. N.C.):

Ninth Circuit Holds Removal of Suit to Federal Court Does Not Abrogate Tribal Immunity

Here is the opinion in Bodi v. Shingle Springs Band of Miwok Indians.

From the court’s syllabus:

The panel reversed the district court’s denial of a motion to dismiss claims under the Family and Medical Leave Act and California law on the ground of tribal sovereign immunity.

Following the Eleventh Circuit, the panel held that a federally recognized Indian tribe does not waive its sovereign immunity from suit by exercising its right to remove to federal court a case filed against it in state court. The panel concluded that the act of removal does not express the clear and unequivocal waiver that is required for a tribe to relinquish its immunity.

The panel remanded the case, leaving it to the district court to address on remand any remaining immunity issues.

Briefs here.

Federal Court Remands State Court Foreclosure Complaint against Narragansett Historic Preservation Office

Here are the materials in Feller v. Narragansett Indian Tribal Historic Preservation Office (D. Vt.):

1 Notice of Removal

12 Motion to Remand

13 Response

14 DCT Order

First Circuit Rejects Narragansett Interlocutory Appeal in Sovereign Immunity Matter (Waited Too Long to Appeal Denial of Motion for Reconsideration)

Here is the opinion in Luckerman v. Narragansett Indian Tribe:

CA1 Opinion

An excerpt:

Surveying the foregoing, a prior duty panel of this court cleared the underbrush by  dismissing as untimely any appeal from the denial of the Motion to Dismiss. Luckerman v. Narragansett Indian Tribe, No. 14-1106, Order at 1 (1st Cir. Aug. 29, 2014). That decision obviates the need to decide whether we would have had jurisdiction over an interlocutory appeal from the Motion to Dismiss. We do need to decide, though, whether we have appellate jurisdiction under the collateral order doctrine to review the only order before us: the denial of the untimely Rule 59(e) Motion. For the reasons described below, we conclude that the denial of the Tribe’s untimely Rule 59(e) Motion does not qualify as a collateral order that we may review prior to the end of the litigation in the district court.

Briefs here.

First Circuit Briefs in Luckerman v. Narragansett Tribe

Here:

Narrangansett Brief

Luckerman Brief

Narragansett Reply

Lower court materials here.