tribal sovereign immunity

California Federal Court Dismisses Anti-NAGPRA Scholar’s Free Speech Suit

Matthew L.M. Fletcher

Here are the materials in Weiss v. Perez (N.D. Cal.):

16 Motion for Preliminary Injunction

31 San Jose State Motion to Dismiss

32 SJSU Opposition to 16

46 Reply in Support of 16

57 Opposition to 31’\

60 Reply in Support of 31

78-dct-orderDownload

Complaint posted here.

Utah Federal Court Holds Ute Tribe Still Owes $209K in Attorney Fees in Dispute with Former Contractor

Matthew L.M. Fletcher

Here are the updated materials in Becker v. Ute Indian Tribe (D. Utah):

297 DCT Order Denying Motion for Reconsideration of Sanctions Order

302 Ute Motion to Recover Costs

303 Ute Motion for Relief from Judgment

304 Ute Motion for Stay

308 Becker Opposition to 303

309 Becker Opposition to 304

310 Jurrius Opposition to 304

314 Ute Reply in Support of 304

315 DCT Order Granting Ute Motion to Recover Costs

325-dct-orderDownload

Prior post on the attorney fee sanction against Ute here.

Prior post on the Tenth Circuit decision in this case favoring Ute here.

First Circuit Holds Bankruptcy Act Impliedly Abrogates Tribal Immunity

Matthew L.M. Fletcher

Here is the opinion in In re Coughlin:

In re Coughlin.pdfDownload
Alert — circuit split

Briefs here.

Fourth Circuit Briefs in Williams v. Martorello [Tribal Lending]

Matthew L.M. Fletcher

Here:

Williams Brief.pdfDownload
Martorello Brief.pdfDownload

Lower court materials here.

Alaska Federal Court Denies Rule 19 Motion in Tribal Health Care Case

Matthew L.M. Fletcher

Here are the materials in Southcentral Foundation v. Alaska Native Tribal Health Consortium (D. Alaska), on remand from the Ninth Circuit (materials here):

296 ANTHC Rule 19 Motion

302 Response

308-1 Amicus Brief

310 Reply

316 Southcentral Motion for Summary

317 Response

322 Reply

334-dct-order-denying-rule-19-motionDownload
Rule 19 doesn’t work well when it’s dark outside. . . .

Borrower Sues Wakpamni Lake Community Business Claiming Oglala Sioux Tribal Immunity Does Not Apply

Matthew L.M. Fletcher

Here is the complaint in Brown v. WLCC Lending (S.D. Ind.):

1-complaint-1Download

Florida Court Dismisses Suit against Louisiana Tribal Lender

Matthew L.M. Fletcher

Here is the order in Reyes v. Mobiloans LLC (Fla. Cty. Ct.):

order-of-dismissalDownload

California COA Reverses Yavapai-Apache Nation v. La Posta Band of Diegueño Mission Indians

Matthew L.M. Fletcher

Here are the materials:

Unpublished Opinion.PDFDownload
La Posta Opening Brief.pdfDownload
YAN Response Brief.pdfDownload
La Posta Reply.pdfDownload
La Posta Supplemental Brief.pdfDownload
YAN Supplemental Brief.pdfDownload

Massachusetts Federal Court Declines to Dismiss Suit against Tribal Lending Business Partner

Matthew L.M. Fletcher

Here are the materials in Duggan v. Martorello (D. Mass.):

118 Second Amended Complaint.pdfDownload
125 Martorello Motion to Dismiss.pdfDownload
136 Duggan Opposition to Martorello Motion.pdfDownload
143 Reply in Support of Martorello Motion.pdfDownload
168 Duggan Surreply re Martorello Motion.pdfDownload
196 Martorello Supplemental Brief re 124.pdfDownload
197 Duggan Response to 196.pdfDownload
200 Rule 19 Motion to Dismiss.pdfDownload
204 Duggan Response to Rule 19 Motion.pdfDownload
218 Martorello Reply re Rule 19 Motion.pdfDownload
219 Duggan Surreply re Rule 19 Motion.pdfDownload
226 MJ Order on Judicial Estoppel Motion.pdfDownload
232 MJ Order Denying Rule 19 Motion.pdfDownload
233 MJ Order Denying Martorello Motion.pdfDownload

Split Ninth Circuit Affirms Tribal Immunity in Banishment Case, Remands for Reconsideration of Section 1983 Claims against Tribal Officials

Matthew L.M. Fletcher

Here is the opinion in Oertwich v. Traditional Village of Togiak.

Togiak fish drying

Briefs here.