Insurance Company Prevails over Saginaw Chippewa Indian Tribe in Suit Alleging Failure to Seek Medicare-Like Rates

Here are the materials in Saginaw Chippewa Indian Tribe v. Blue Cross Blue Shield (E.D. Mich.):

173 BCBS Motion for Summary Judgment

177 Response

178 Reply

197 DCT Order

Prior post here.

Sixth Circuit Briefs in Sovereign Lending Case Involving Chippewa Cree Tribe

Here are the briefs in Swiger v. Rosette:

Lower court materials in Swiger v. Rosette (E.D. Mich.):

Sixth Circuit Briefs in Little Traverse Bay Bands of Odawa Indians v. Whitmer

Here:

LTBB Opening Brief 

Defendant-Appellee Whitmer Brief

Emmet County Lake Shore Assn and Protection of Rights Alliance Brief

Intervenor-Appellees–Cross-Appellants Combined Brief

Townships Brief

LTBB Reply

Lower court materials here.

Sixth Circuit Vacates Bay Mills Gaming Case

Here are the materials in Bay Mills Indian Community v. Whitmer:

ca6-opinion.pdf

bmic-opening-brief.pdf

michigan-brief.pdf

reply-2.pdf

Lower court materials here.

Sixth Circuit Affirms Tribal Court Decision in Spurr v. Pope

Decision

But our review involves no probing of the facts, just a pure question of law: Does a tribal court have jurisdiction under federal law to issue a civil personal protection order against a non-Indian and non-tribal member in matters arising in the Indian country of the Indian tribe? Because 18 U.S.C. § 2265(e) unambiguously grants tribal courts that power, and because tribal sovereign immunity requires us to dismiss this suit against two of the named defendants, we AFFIRM the district court’s dismissal of Spurr’s complaint.

Reply
Answer Brief
Appellant Brief

Lower court materials here.

Tribal supreme court decision here.

Update:

Cert Petition

Brief in Opposition

Saginaw Chippewa’s Claims re: Medicare-Like Rates Survive Blue Cross Motion to Dismiss

Here are the materials on remand from the Sixth Circuit in Saginaw Chippewa Indian Tribe v. Blue Cross Blue Shield (E.D. Mich.):

142 BCBS Motion to Dismiss

144 Tribe Response

145 Reply

146 DCT Order

Prior posts here.

Buchwald Capital Advisors LLC v. Sault Ste. Marie Tribe of Chippewa Indians Cert Petition [Bankruptcy Code + Sovereign Immunity]

Here:

buchwald cert petition

Question presented:

Whether the Bankruptcy Code abrogates the sovereign immunity of Indian tribes.

Lower court materials here.

Split Sixth Circuit Panel Confirms Tribal Immunity in Bankruptcy Act Proceedings

Here is the opinion in In re Greektown Holdings LLC.

Briefs:

buchwald-brief.pdf

sault-tribe-brief.pdf

buchwald-reply.pdf

Lower court materials and prior posts here.

Sixth Circuit Revives One of the Dismissed Claims against BCBS [Medicare Like Rates]

Here is the unpublished opinion in Saginaw Chippewa Indian Tribe v. Blue Cross Blue Shield.

A separate unpublished opinion on attorneys fees is here.

Prior posts here.