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Here is the unpublished opinion in In re Pinoville Pomo Nation [Pinoville Gaming Authority v. United States District Court].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 , , , , , , , , , ,

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:

Posted in Author: Matthew L.M. Fletcher, gaming, Indian gaming, Research, sovereign immunity | Tagged , , , , , , , ,

Settlement Reached in Lewis v. Clarke

Here. H/T to How Appealing.

Posted in Author: Matthew L.M. Fletcher, News, Research, Supreme Court | Tagged ,

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 , , , , , , ,

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

Posted in Author: Matthew L.M. Fletcher, Research, sovereign immunity | Tagged , , , , ,

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

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

Posted in Author: Matthew L.M. Fletcher, Research, sovereign immunity, tribal courts, tribal election, tribal membership | Tagged , , , , ,

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

Posted in Research, sovereign immunity, Supreme Court | Tagged , , ,

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

Posted in Author: Matthew L.M. Fletcher, economic development, Research, sovereign immunity | Tagged , , ,

Unanimous SCOTUS Rules Against Tribe in Lewis v. Clarke

Here is the opinion. Materials here.

Posted in Author: Matthew L.M. Fletcher, Research, sovereign immunity, Supreme Court | Tagged , , | 1 Comment