Ninth Circuit Rejects Big Sandy’s Effort to Avoid State Cigarette Taxes

Here is the opinion in Big Sandy Rancheria Enterprises v. Bonta.

Briefs:

Big Sandy Opening Brief

California Brief

Reply

Lower court materials here.

Federal Court Dismisses Big Sandy Rancheria’s Challenge to State Tax Laws

Here are the materials in Big Sandy Rancheria Enterprises v. Becerra (E.D. Cal.):

1-complaint-6.pdf

10-1-state-treasury-mtd.pdf

11-1-state-ag-mtd.pdf

13-first-amended-complaint-2.pdf

15-1-state-ag-mtd.pdf

16-1-state-treasury-mtd.pdf

20-tribe-response-to-16.pdf

21-tribe-response-to-15.pdf

23-state-tax-dept-reply.pdf

24-state-ag-reply.pdf

44-dct-order.pdf

A CVSG for Malaterre v. Amerind?

The Malaterre v. Amerind cert petition is scheduled for this Friday’s Supreme Court Conference. Despite being a SCOTUSblog petition to watch, it really isn’t certworthy (though pretty much any tribal immunity-related petition attracts attention).

Might Malaterre be a candidate for CVSG, assuming it isn’t simply denied? Perhaps, for two reasons. First, the Court asked the OSG five times in the last couple Terms for the government’s views in Indian law cases. Second, the immunity question may depend on the Court’s interpretation and analysis of Section 17 of the Indian Reorganization Act.

Malaterre v. Amerind Risk Management Cert Petition — Section 17 Corporation Immunity

Here is the petition:

Malaterre Cert Petition

And the questions presented:

Whether a tribal business corporation formed pursuant to 25 U.S.C. § 477 with the aim of insuring Indian Housing Authorities may properly invoke tribal sovereign immunity as a ground for avoiding its contractual obligation to provide insurance coverage for liability claims arising from injuries sustained by tribal-member tenants in Indian housing units.

Lower court materials here.

And for good measure, the Federal Reporter 3d version of the lower court opinion:

Amerind v. Malaterre, 633 F.3d 680 (CA8 2011)

Federal Court Dismisses Contract Claim against Fla. Seminole Section 17 Corporation on Immunity Grounds

Here are the materials in  (M.D. Fla.):

Seminole Tribe Motion to Dismiss

Inglish Opposition Brief

Seminole Reply Brief

DCT Order Dismissing Inglish Complaint

Missouri Courts Interpret Tribal Sovereign Immunity for First Time

The case is Ogden v. Iowa Tribe of Kansas and Nebraska. From the opinion:

In March of 2006, Larry Ogden, after communication with the tribal chairman of the “Iowa Tribe Executive Committee,” moved to Missouri to accept employment as manager of a truck stop near I-29 in Holt County, Missouri, known as the “Squaw Creek Eagles Nest Plaza.” Several months later, Ogden was terminated from employment. Ogden sued the “Iowa Tribe of Kansas and Nebraska” (“Iowa Tribe”) for breach of an employment agreement and for wrongful discharge. The Iowa Tribe filed a motion to dismiss the petition based upon tribal sovereign immunity. The trial court granted the motion to dismiss. Ogden appeals. We affirm.