Tag Archives: sovereign immunity

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

Posted in Author: Kate E. Fort, sovereign immunity, Supreme Court | Tagged , , , , | 2 Comments

Quick and Dirty Early Commentary on Lewis v. Clarke Oral Argument

In short, the tribal interests are more likely to prevail than some commentators might want. Overall, the Supreme Court is definitely concerned about the apparent extension of tribal immunity to off-reservation acts by tribal employees but doesn’t seem likely to assert … Continue reading

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

Ninth Circuit Briefs in Bodi v. Shingle Springs Band of Miwok Indians — Whether Removal To Federal Court Waives Immunity

Here: Shingle Springs Opening Brief Puyallup and Arctic Slope Amicus Brief Bodi Answering Brief Shingle Springs Reply Lower court materials here.  

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

Ninth Circuit Opening Brief In Appeal Of Ruling That Removal To Federal Court Waives Immunity

Here is the opening brief in Bodi v. Shingle Springs Band of Miwok Indians: Shingle Springs Opening Brief Here are some excerpts: Because Indian tribes are sovereigns preexisting the United States and its Constitution, they may be sued only where … Continue reading

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

Fed. District Court Finds Tribal Sovereign Immunity Waived by Removal in FMLA Claim

Order The 11th Circuit found the opposite on this issue, leaving open the possibility of an eventual circuit split. Defendants invoked the jurisdiction of the federal courts to raise a jurisdictional defense that could equally have been raised in the … Continue reading

Posted in Author: Kate E. Fort, sovereign immunity | Tagged , , , , | 3 Comments

Federal Court Orders Individual Defendant to Pay $475K Civil Penalty in City of New York v. Golden Feather

Here is the order: DCT Order on Civil Penalty Prior materials here, here, and here.  

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

Corrected Opinion in City of New York v. Golden Feather

Here: Corrected DCT Order Prior post here.

Posted in Author: Matthew L.M. Fletcher, economic development, Research, taxation | Tagged , , , , , , | 1 Comment

Federal Court Finds Unkechauge Reservation Smoke Shops Liable for Violations of Federal Law in City of New York v. Golden Feather Smoke Shop

Here are the materials: DCT Memorandum & Order NYC Motion Remaining Defendants’ Cross-Motion An excerpt: For the reasons below, the Court grants the City summary judgment as to defendants’ liability under the CCTA and the CMSA. With respect to relief, … Continue reading

Posted in Author: Matthew L.M. Fletcher, Criminal, economic development, Research, taxation | Tagged , , , , , , | 4 Comments

New Scholarship on Allowing Tribes to Declare Bankruptcy

Here is a new student article, “Shooting Craps: How Denying Tribal Casinos Bankruptcy Relief Ensures that Everyone Loses and a New Rule to Provide Potential Chapter 11 Relief,” available on SSRN. It will be published in the Temple Law Review. … Continue reading

Posted in Author: Matthew L.M. Fletcher, gaming, Scholarship | Tagged , , , , ,

Is Nooksack Attempting to Disenroll Filipino Descendants?

Here. ETA: As pointed out on our Facebook page, here’s the LA Times article linked to in that article with additional background. Thanks to T.S.

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