Contributors
Tag Archives: Lewis v. Clarke
Pinoville Pomo Nation Petition to Ninth Circuit to Halt Discovery Pending Appeal Fails
Here is the unpublished opinion in In re Pinoville Pomo Nation [Pinoville Gaming Authority v. United States District Court]. Here are the briefs: Petition for Writ of Mandamus Motion to Stay Answer to Petition Opposition to Motion for Stay Reply … Continue reading
Posted in Author: Matthew L.M. Fletcher, Research, sovereign immunity
Tagged In re Pinoville Pomo Nation, JW Gaming Development LLC v. James, Lewis v. Clarke, Ninth Circuit, Northern District of California, oral argument, Pinoleville Pomo Nation, Pinoville Gaming Authority v. United States District Court, RICO, tribal official immunity, tribal sovereign immunity
Ninth Circuit Materials in JW Gaming Development v. James [Pinoleville Pomo Nation]
Here are the briefs: opening-brief-2.pdf answer-brief-1.pdf reply-4.pdf Lower court materials here. Oral argument video:
Settlement Reached in Lewis v. Clarke
Here. H/T to How Appealing.
Posted in Author: Matthew L.M. Fletcher, News, Research, Supreme Court
Tagged Lewis v. Clarke, Mohegan Tribe
Federal Court Holds Individual Members of Tribal Corporate Board Can Be Sued under False Claims Act
Here are the materials in Cain v. Salish Kootenai College (D. Mont.): 110 SKC Motion to Certify 112 Individual Defendants MTD 115 Response to 110 116 Response to 112 117 Reply in Support of 110 118 Reply in Support of … Continue reading
Posted in Author: Matthew L.M. Fletcher, Education, Research, sovereign immunity
Tagged Cain v. Salish Kootenai College, District of Montana, False Claims Act, Lewis v. Clarke, Ninth Circuit, Section 17 corporation immunity, tribal sovereign immunity, United States ex rel. Cain v. Salish Kootenai College
Federal Court Allows Fraud Claims against Tribal Employees to Proceed
Here are the materials in JW Gaming Development LLC v. James (N.D. Cal.): 1-1 Complaint 6 Motion to Dismiss 18 Response 22 Reply 55 DCT Order
Fletcher on Law360: “A Look At The Impact Of Lewis V. Clarke Thus Far”
Here: In Lewis v. Clarke, the U.S. Supreme Court held that individual capacity suits against tribal employees are not cloaked by an Indian tribe’s sovereign immunity. As most Indian tribes have already acquired general liability insurance to cover the tortious actions of their … Continue reading
Posted in Author: Matthew L.M. Fletcher, sovereign immunity, Supreme Court
Tagged Lewis v. Clarke
Nooksack Disenrollees’ RICO Action against Nooksack Holdover Council (in their individual capacities) to Proceed
Here are the materials in Rabang v. Kelly (W.D. Wash.): ORDER MOTION OF DEFENDANTS KELLY, GEORGE, SMITH, SOLOMON, JOHNSON, CANETE, GEORGE, ROMERO, EDWARDS, AND ARMSTRONG TO DISMISS PURSUANT TO F. R. CIV. P. 12(B)(1) AND F. R. CIV. P. 12(B)(6) … Continue reading
Jenn Weddle Guest Commentary on Lewis v. Clarke
This was the best possible result in this case (a narrow remand). Justice Sotomayor’s opinion keeps tribal employees on equal footing with federal and state employees and decides the import of indemnification provisions – really have nothing to do with … Continue reading
Initial Observations about Lewis v. Clarke
Opinion and materials here. The initial impact could be very big. The holding is pretty broad, bringing in the doctrine of official immunity to the tribal context without the same grounding or context as state and federal official immunity doctrines. … Continue reading
Unanimous SCOTUS Rules Against Tribe in Lewis v. Clarke
Here is the opinion. Materials here.
