Section 17 corporation immunity – Turtle Talk

U.S. Tax Court Holds Section 17 Corporation Not Legally Distinct from Corporate Subsidiaries

March 7, 2019March 7, 2019Matthew L.M. Fletcher

Here is the opinion in Blue Lake Rancheria Economic Development Corp. v. Commissioner:

Blue Lake Rancheria Sec. 17 Tax Court Decision

Federal Court Holds Individual Members of Tribal Corporate Board Can Be Sued under False Claims Act

February 21, 2019April 17, 2019Matthew L.M. Fletcher

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 112

UPDATE: 129 Amended DCT Order

Prior posts here and here.

Federal Court Holds Federal Claims Act Suits against Section 17 Corporations are Suits against the Tribal Owner

May 18, 2018Matthew L.M. Fletcher

Here are the materials in Cain v. Salish Kootenai College (D. Mont.):

90 CSKT Amicus Brief

92 SKC Motion to Dismiss

102 Cain Response

This case is on remand from the CA9.

Florida COA Materials in MMMG LLC v. Seminole Tribe of Florida

November 20, 2015November 20, 2015Matthew L.M. Fletcher

Here:

MMMG Opening Brief

Seminole Answer Brief

Tenth Circuit Briefs in Amerind Risk Management v. Blackfeet Housing

November 19, 2015Matthew L.M. Fletcher

Here:

Amerind Risk Opening Brief

Blackfeet Housing Appellee Brief

Lower court materials here.

Oklahoma v. Hobia Cert Stage Briefing Complete

July 31, 2015Matthew L.M. Fletcher

Here:

Petition for a Writ of Certiorari

Lower court materials here.

Hobia Cert Opposition Brief

July 15, 2015Matthew L.M. Fletcher

Here:

Cert petition here.

Indian Grazing Complaint against Tribes and US Dismissed

July 15, 2015Matthew L.M. Fletcher

Here are the materials in South Fork Livestock Partnership v. United States (D. Nev.):

7-1 Tribal Motion to Dismiss

23 Tribal Reply

24 Federal Motion to Dismiss

27 DCT Order Granting Tribal Motion to Dismiss

Federal Bankruptcy Court Holds Bankruptcy Act Abrogated Tribal (and Section 17 Corporate) Immunity

June 15, 2015Matthew L.M. Fletcher

Here are the materials in In re Womelsdorf (D. Or. Bkrtcy.):

291 Motion to Vacate

307 Motion for Reconsideration

Oklahoma v. Hobia Cert Petition

March 27, 2015Matthew L.M. Fletcher2 Comments

Here:

Petition for a Writ of Certiorari (as filed)

Question presented:

Does Michigan v. Bay Mills Indian Community, 134 S.Ct. 2024 (2014), require the dismissal of a State’s suit to prevent tribal officers from conducting gaming that would be unlawful under the Indian Gaming Regulatory Act and a state-tribal compact when

• the suit for declaratory and injunctive relief has been brought against tribal officials – not the tribe;

• the gaming will occur in Indian country, on the land of another tribe; and

• the state-tribal compact’s arbitration provision does not require arbitration before filing suit?

Lower court materials here.