tribal sovereign immunity

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Unpublished Opinion.PDFDownload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.

Florida COA Affirms Immunity of Tribal Official Acting within Scope of Authority

Matthew L.M. Fletcher

Here is the per curiam opinion in Ulizio v. MMMG LLC:

opinionDownload

MCN Supreme Court Decides Thlopthlocco Tribal Town v. Anderson

Matthew L.M. Fletcher
doc.-19-order-and-opinion-02282022Download
Annual Report of Extension and Industry, Five Civilized Tribes, Muskogee, OK, 1940

Louisiana Federal Court Dismisses Civil Rights Suit against Chitimacha by Former Casino CFO

Matthew L.M. Fletcher

Here are the materials in Spivey v. Chitimacha Tribe of Louisiana (W.D. La.):

1 Complaint

16-1 Motion to Dismiss

20 Opposition

23 Reply

24 Magistrate Report

27 DCT Order

St. Mary and Franklin Banner Tribune, 2/18/2016
Morgan City Daily Review, 10/6/2016

Cert Petitions Filed on Habematolel Pomo of Upper Lake Internet Lending

Matthew L.M. Fletcher

Here is the petition in Treppa v. Hengle:

treppa-petitionDownload

Appendix

Treppa Application for Stay

Hengle Opposition

Reply

Questions presented:

  1. Whether a court can invalidate an agreement to have an arbitrator resolve questions of arbitrability (a “delegation clause”) based on the court’s interpretation of a separate choice-of-law provision.
  2. Whether sovereign immunity bars private plaintiffs from suing tribal government officials, in their official
    capacities, for alleged violations of state law

Lower court materials here.

In the tule swamp–upper lake Pomo [LOC]

Here is the petition in a related case, Asner v. Hengle:

asner-petition-and-appendixDownload

Question presented:

Can a federal court refuse to enforce the delegation clause of an arbitration agreement on the ground that a choice-of-law provision applicable to the arbitration agreement as a whole prospectively waives federal rights?