The district court dismissed the complaint (here) challenging the removal of certain council members from their positions (DCT Order Dismissing Ventura Complaint), and a related habeas petition (petition: Ventura Habeas Petition; dismissal order: DCT Order Dismissing Ventura Habeas Petition).
tribal sovereign immunity
Federal Suit to Stop Snoqualmie Tribe from Criminal Prosecution of Tribal Council Member
Here is the complaint in Ventura v. Snoqualmie Indian Tribe (W.D. Wash.): Ventura Complaint.
Okla. SCT Grants Cert to Decide Tribal Immunity Case
Here is the order granting certiorari in Seneca Telephone Co. v. Miami Tribe of Oklahoma: Oklahoma SCT Order
The Miami Tribe was the petitioner.
Here are most of the lower court briefs.
And the lower court opinion.
Conn. Dram Shop Action against Mohegan Settles; Some Briefs Available
According to Indianz, the Mohegan Tribe settled this matter (VanStaen-Holland v. Lavigne), which was to be argued before the Connecticut Supreme Court today.
Some of the briefs are available, and worth reading:
Cayuga Indian Nation v. Seneca County Materials (so far)
As noted at Indianz, this case is quickly moving, and here are the materials so far:
Federal Court Dismisses Membership Claims against Unkechauge Nation
Here is the opinion in Maynes v. Unkechauge Tribal Council (E.D. N.Y.):
Maynes v. Unkechauge Tribal Council
An excerpt:
Therefore, given that the Unkechaug Nation is an Indian Nation under federal common law, it enjoys sovereign immunity. Accordingly, the Court lacks subject matter jurisdiction to adjudicate the plaintiffs’ claims and the Amended Complaint is DISMISSED WITH PREJUDICE as against the Unkechaug Nation.
ICT Coverage of BMG v. Chukchansi — Important Sovereign Immunity Case
Tenth Circuit Affirms Immunity for Tribal Corporations; Reversing Lower Court
Here are the materials in Breakthrough Management Group v. Chukchansi Gold Casino and Resort:
BMG v Chukchansi Lower Court Orders
Lower court briefs here.
New Mexico Court of Appeals Decision on State Worker’s Comp Jurisdiction in Indian Country
Here is the opinion in Antonio v. Inn of the Mountain Gods Resort.
An excerpt:
Michael Antonio (Worker) appeals from an order of dismissal entered by the Workers’ Compensation Administration (WCA) for lack of subject matter jurisdiction. On appeal, Worker alleges that (1) the WCA erred in determining that Worker’s injury occurred on the Mescalero Apache Tribe reservation (Tribe) and that the Tribe was not conducting business within the State of New Mexico; and (2) the WCA had jurisdiction by default because the Tribe did not have a workers’ compensation program in effect at the time of Worker’s injury, and the compensation that was provided to Worker was not as good as the compensation required by the New Mexico Workers’ Compensation Act. We conclude that the WCA did not have jurisdiction over the Tribe because the Tribe did not expressly waive sovereign immunity and, therefore, the WCA’s order reached the right result for the wrong reasons. See Cordova v. World Fin. Corp. of N.M., 2009-NMSC-021, ¶ 18, 146 N.M. 256,208 P.3d 901 (noting that we may affirm on grounds not relied upon if those grounds do not require us to look beyond the factual allegations that were raised and considered below). Weaffirm.
Tribal Brief in Hollywood Mobile Estates v. Cypress 11th Circuit Appeal
Here: Appellee Brief.
The remainder of the briefs and lower court materials are here.
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