Tag Archives: tribal sovereign immunity

Eighth Circuit Decides Stanko v. Oglala Sioux Tribe

Here is the opinion. Briefs here.

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

Federal Court Holds Individual Members of Tribal Corporate Board Can Be Sued under False Claims Act

Here are the materials in Cain v. Salish Kootenai College (D. Mont.): 110 SKC Motion to Certify 112 Individual Defendants MTD 115 Response to 110 116 Response to 112 117 Reply in Support of 110 118 Reply in Support of … Continue reading

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

Mitchell v. Tulalip Tribes Cert Petition

Here: mitchell-cert-petition.pdf Question presented: Does sovereign immunity bar the federal courts’ consideration of a declaratory judgment action to determine whether Respondent Tribes can exercise regulatory/taxing authority over real property owned in fee by Petitioners non-Indians, pursuant to allotments that were … Continue reading

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

Fourth Circuit Briefs in Williams v. Big Picture Loans

Here: appellant brief williams appellee brief center for responsible lending amicus brief conference of tribal lending commissioners amicus brief ncai amicus brief Lower court materials here.

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

Ninth Circuit Vacates Stillaguamish Effort to “Engineer” Jurisdiction in an Immunity Defense Case

Here is the opinion in Stillaguamish Tribe of Indians v. State of Washington. Materials here.

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

Federal Judge Declines to Quash Subpoenas of Tribal General Counsel

Here are the materials in Wichtman v. Martorello (W.D. Mich.): 1-1 motion to quash 3 order

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

Federal Court Dismisses Contract Claim against Alaska Tribe

Here are the materials in Alaska Logistics LLC v. Newtok Village Council (D. Alaska): 1 complaint 6 answer and counterclaims 19 tribe motion to dismiss 25 answer to counterclaims and counterclaims to counterclaims 28 motion to strike 29 opposition to … Continue reading

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

St. Regis Mohawk v. Mylan Pharma Cert Petition

Here: cert-petition-1.pdf Question presented: Whether inter partes review before the Patent Trial and Appeal Board is the type of proceeding in which tribal sovereign immunity may be asserted. Lower court materials here

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

Employment Claim against Alaska Native Tribal Health Dismissed

Here are the materials in Barron v. Alaska Native Tribal Health Consortium (D. Alaska): 1 notice of removal 1-1 complaint 10 motion to dismiss 12 response 13 reply 2019 01 02 barron decision

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

Tenth Circuit Denies En Banc Petition in Enable Oklahoma Intrastate Transmission LLC v. A 25 Foot Wide Easement

Here are the materials: En Banc petition Unopposed Motion for Atty Fees Order Denying En Banc Petition Order Granting Atty Fees Other posts here.

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