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

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

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

Posted in Author: Sarah Donnelly, IGRA, Research, sovereign immunity | Tagged , , , , , | 1 Comment

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.

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

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

Posted in Author: Matthew L.M. Fletcher, IGRA, Research, sovereign immunity | Tagged , , , , | 2 Comments

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.

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

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 , , , , , , , , | 2 Comments

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.

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

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 , , , , , , , , , | 1 Comment

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

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