Race Discrimination Complaint against Tulalip Resort Casino Dismissed

Apparently, this is the fifth suit brought by this particular plaintiff, and the third one in federal court. The case is Parks v. Tulalip Resort Casino (W.D. Wash.). Our earlier post on the first case is here.

Here are the materials:

DCT Order Dismissing Parks Third Federal Suit

Tulalip Motion to Dismiss

Parks’ Response

Tulalip Reply

Second Circuit Affirms Oneida Indian Nation’s Immunity from County Land Foreclosure Efforts

Here is the opinion in Oneida Indian Nation v. Madison County: Oneida v Madison County et al 05-6408

Title VII and ADEA Claims against Cherokee Business Dismissed

Here are the materials in Somerlott v. Cherokee Nation Distributors (W.D. Okla.):

CND Motion to Dismiss

Somerlott Response

CND Reply

CND Notice of Supplemental Authority

DCT Order Dismissing Title VII and ADEA Claims

Kiowa Casino Operating Authority Dismissed from Contract Arbitration

The case is Swanda Brothers Inc v. Chasco Constructors Ltd LLP (W.D. Okla.). Here are the materials:

DCT Order Dismissing KCOA

KCOA Motion to Dismiss

Chasco Response

KCOA Reply

Section 1983 Claim against Tribal Police Dismissed

Here are the materials in Ouart v. Fleming (W.D. Okla.):

Defendant’s Motion for Summary Judgment

Co-Defendants’ Motion to Dismiss

Plaintiff’s Response

DCT Order Granting Motion

Sisseton Tribal Council Passes Resolution Attempting to Reverse Tribal Appellate Court on 11-Part Tribal Business Entity Immunity

Here’s an interesting development that may have some impact on the Colorado v. Cash Advance case.

The Sisseton tribal council enacted the following resolution designed to “fix” the Northern Plains Intertribal Court of Appeals decision raised by the Colorado AG in the supplemental pleading referred to here.

Sisseton Resolution

Supplemental Briefing in Colorado v. Cash Advance

Interesting development, in that the State found a tribal court case adopting the infamous 11-part test cobbled together by the Colorado Court of Appeals (earlier briefs are here):

Resp. Cross-Petitioners Notice of Supp. Authority

Tribal Response to Supplemental Authority

In our experience, tribal courts rarely apply a common law test in determining whether or not a tribal business entity is immune from suit. They don’t need to, given that tribal business entities are created via a document (e.g., articles of incorporation) or statute (e.g., tribal corporations code) that spells out in exacting detail the contours of immunity.

Strangely, state courts adopting these 11- or 3- or 5-part tests (or whatever) don’t spend enough time looking at the tribal statutory law, and are prone to creating common law for their own purposes.

Colorado seems to be trying to play a weird game of “gotcha!” here. Not sure how this material is relevant. Now if they had found a case from Miami Tribe or Santee Sioux tribal court, hmmm….

Stewart v. Coffey — Tribal Gaming Employment Claims Dismissed

Here is the unpublished opinion by the Tenth Circuit, rejecting wrongful discharge claims under federal statutes and under Bivens, and affirming tribal immunity.

Here is the tribal brief: Comanche Brief.

Lower Sioux Not Necessary Party in State Ct. Contract Claim; Tribal Court Claims May Continue

This case is Lower Sioux Indian Community v. Kraus-Anderson Const. Co. (Minn. App.). Here is the unpublished opinion.

An exceprt:

Because Lower Sioux is not a necessary party to this litigation, we reverse the district court’s order joining Lower Sioux as a party and enjoining it from pursuing parallel tribal court litigation.
The determination that Lower Sioux is not a necessary party is dispositive. Thus, we need not reach and do not reach the parties’ dispute over whether Lower Sioux waived its sovereign immunity, either contractually or by initiating the district court action. Nor do we take any position on the jurisdiction of the tribal court over the subcontractor respondents or whether the subcontractors may be joined as parties to the tribal court proceedings. Those determinations are for the tribal court. See Klammer v. Lower Sioux Convenience Store, 535 N.W.2d 379, 381 (Minn.App.1995) (explaining that comity requires allowing tribal court to determine its own jurisdiction); Rule 12(c) of the Lower Sioux Community in the State of Minnesota Judicial Code Rules of Civil Procedure, available at http://maiba.org/pdf/LowerSioux.pdf (addressing standard for joinder in tribal court). We also deny as moot Kraus-Anderson’s motions to modify the record and to strike portions of one respondent’s brief because the disputes raised by the motions are relevant only to the issues that we have declined to reach.

Cert Opposition in Rosenberg v. Hualapai

Here: Hualapai Cert Opp

Cert petition is here.