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Tag Archives: state sovereign immunity
No State Sovereign Immunity in Patent Case [Relying on Saint Regis Mohawk Decision]
From the Federal Circuit Court of Appeals: Opinion And, contrary to UMN’s arguments, Saint Regis did not base its reasoning on implied abrogation of tribal sovereign immunity. Instead, Saint Regis concluded that IPR was an agency reconsideration proceeding to which … Continue reading
No Stay Pending IGRA Appeal in 10th Circuit for Pueblo of Pojoaque
Link: Previous posts Here are further materials and briefs in the matter of Pueblo of Pojoaque v. State of New Mexico, 16-cv-00625 (D. NM): 123 – Plaintiffs’ Motion to Stay the Order and Restore the Preliminary Injunction Pending Appeal Expedited … Continue reading
Tulalip Tribal Court Holds State Immune to Suit in Tribal Court
Here is the opinion in Shopbell v. State of Washington Dept. of Fish and Wildlife: shopbell-opinion We posted materials on this case here.
Federal Court Dismisses Pojoaque Gaming-Related Dispute with New Mexico
Here are the materials in Pueblo of Pojoaque v. State of New Mexico (D.N.M.): 60-nm-motion-to-dismiss-count-iv 64-nm-motion-to-stay 65-nm-motion-to-modify-pi-order 66-response-to-60 69-nm-motion-to-modify 71-motion-to-dismiss-counts-iii-iv 72-motion-to-dismiss-count-ii 73-motion-to-dismiss-count-v 79-reply-in-support-of-60 85-response-to-65 86-response-to-72 87-response-to-71 88-response-to-69 89-response-to-73 90-response-to-64 94-reply-in-support-of-69 95-reply-in-support-of-73 96-reply-in-support-of-65 97-reply-in-support-of-72 98-reply-in-support-of-64 99-reply-in-support-of-71 118-dct-order Prior posts here, here, and … Continue reading
Cross Motions for Summary Judgment in Seminole IGRA Good Faith Suit against Florida
Here are the pleadings in Seminole Tribe of Florida v. State of Florida (N.D. Fla.): 37 Seminole Motion for Summary J 38 Florida Motion for Summary J Motion to dismiss stage pleadings here.
Federal Court Dismisses Skokomish Treaty Rights Claims against State under 11th Amendment and Rule 19
Here are the materials in Skokomish Indian Tribe v. Goldmark (W.D. Wash.): 59 State Defendants Motion to Dismiss 60 Prosecuting Attys Motion to Dismiss 67 Tribal Amici Motion to Dismiss 71 Skokomish Reponse 116 DCT Order Dismissing Complaint An excerpt: … Continue reading
Posted in Author: Matthew L.M. Fletcher, Research, sovereign immunity, treaty rights
Tagged Rule 19, Skokomish Indian Tribe v. Goldmark, state sovereign immunity, treaty gathering, treaty hunting, Treaty of Point No Point, treaty rights, tribal sovereign immunity, Western District of Washington
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Ninth Circuit Rejects Another Matheson Objection to Tribal-State Tax Compact
Here are the materials in Matheson v. Smith: CA9 Unpublished Memorandum Matheson Opening Brief Washington Brief Matheson Reply Brief Lower court materials here.
Federal Court Dismisses Effort by Puyallup Woman to Avoid State Wholesale Cigarette Taxes
Here are the materials in Matheson v. Smith (W.D. Wash.): DCT Order Dismissing Matheson Complaint Matheson Motion for PI State Motion to Dismiss
Posted in Author: Matthew L.M. Fletcher, Research, sovereign immunity, taxation
Tagged Coeur d'Alene Tribe, Eleventh Amendment, equal protection, gender discrimination, indian taxation, Matheson v. Smith, Puyallup Indian Tribe, state sovereign immunity, Tax Injunction Act, Western District of Washington
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Supreme Court Holds States are Immune from Money Damages under RLUIPA
This is a big deal for American Indians asserting religious freedom claims against state governments. Here is today’s opinion in Sossamon v. Texas, authored by Justice Thomas. From the Court’s syllabus: After this Court held that the Religious Freedom Restoration … Continue reading
