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Tag Archives: Lewis v. Clarke
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.
U.S. Supreme Court Reverses and Remands Lewis v. Clarke
Opinion here. JUSTICE SOTOMAYOR delivered the opinion of the Court. Indian tribes are generally entitled to immunity from suit. This Court has considered the scope of that immunity in a number of circumstances. This case presents an ordinary negligence action … Continue reading
Todd Henderson Recap of Lewis v. Clarke Oral Argument
On SCOTUSblog here. An excerpt: At the end of the day, there was no strong consensus among the justices about how this case should turn out. This was in part because the case has many moving doctrinal parts. It could … Continue reading
