tribal sovereign immunity – Page 28 – Turtle Talk

Spring Pandemic Update in Williams & Cochrane v. Quechan & Rosette Litigation [updated]

April 23, 2020June 24, 2020Matthew L.M. Fletcher

Here are new materials in in Williams & Cochrane LLP v. Quechan Tribe of the Fort Yuma Reservation (S.D. Cal.):

235-1 W&C Amended Motion for Judgment on Pleadings

248 Quechan Response to W&C Motion for Judgment on Pleadings

254-1 Rosette Motion for Sanctions

258 W&C Reply in Support of Motion for Judgment on Pleadings

267 W&C Response to Motion for Sanctions

268 Rosette Reply in Support of Motion for Sanctions

Update (6/24/20):

292-1 W&C Motion for Reconsideration

311 Quechan Response to 292

313 DCT Order Denying Motion for Reconsideration

Case tag here.

California COA Decides Contract Dispute Involving Chukchansi

April 22, 2020Matthew L.M. Fletcher

Here are the materials in Osceola Blackwood Ivory Gaming Group v. Picayune Rancheria of Chukchansi Indians:

Respondent Brief

Confederated Salish & Kootenai Tribes Prevail in Trespass Action re: Big Arm Town Site

April 17, 2020April 17, 2020Matthew L.M. Fletcher

Here are the updated materials in Confederated Salish and Kootenai Tribes v. Lake County Board of Commissioners (D. Mont.):

89 Lundeen Response to CSKT MSJ

93 Tribe Reply in Support of MSJ

96 CSKT Response to Defs’ MSJs

100 County Reply in Support of MSJ

Prior post here.

Federal Court Dismisses Malicious Prosecution Suit against Blue Lake and Outside Counsel by Former Business Partner

April 16, 2020April 16, 2020Matthew L.M. Fletcher

Here are the materials in Acres Bonusing Inc v. Marston (N.D. Cal.):

1-2 Tribal Court Opinion

29-1 Boutin Jones Defendants MTD

30-1 Boutin Jones Anti-SLAPP Motion

31 Janssen Malloy Defendants Anti-SLAPP Motion

32-1 Marston Defendants MTD

33 Janssen Malloy Defendants MTD

38 ABI Motion for Sanctions

40 JM Defendants Response to 38

43 ABI Response to BJ MTD

44 ABI Response to JM MTD

45 ABI Response to Marston MTD

46 ABI Reply in Support of Motion for Sanctions

49 Marston Reply

50 ABI Response

50-1 Marston Anti-SLAPP Motion

52 Marston Response to ABI Motion to Strike

56 ABI Response to BJ Anti-SLAPP Motion

57 ABI Response to JM Anti-SLAPP Motion

58 ABI Response to Marston Anti-SLAPP Motion

59 JM Reply in Support of Anti-SLAPP Motion

60 BJ Reply in Support of Anti-SLAPP Motion

62 Marston Reply in Support of Anti-SLAPP Motion

Related cases here.

Update in Pinoleville Pomo Nation Gaming & RICO Dispute [updated and updated again]

April 7, 2020June 23, 2021Matthew L.M. Fletcher

Here are the updated materials in JW Gaming Development LLC v. James (N.D. Cal.):

184 Defendants Motion for Summary Judgment

186 Plaintiffs Response

191 Plaintiffs Motion for Summary Judgment

192 Defendants Reply

Prior post here.

Case tag here.

UPDATE (7/7/2020):

210 Stevenson Motion

211 Steele Motion

212 Maldonado Motion

219 Tang Opposition to 191

220 Individual Tribal Defendants Opposition to 191

221 Plaintiffs Opposition to 210-212

222 Canales Opposition to 191

223 Reply in Support of 210-212

227 Reply in Support of 191

236 DCT Order on 210-212

237 DCT Order on 191

UPDATE (1/20/2021)

251 Tribal Motions

253 JW Gaming Motion

255 JW Gaming Response to 251

256 Tribal Response to 253

257 JW Gaming Reply

258 Tribal Reply

267 JW Gaming Supplemental Brief

274 Tribal Supplemental Brief

Update (3/28/2021):

286 Motion for Reconsideration

293 Motion to Quash

294 Opposition to 286

299 Reply in Support of 286

301 Opposition to 293

302 Reply in Support of 293

Update (6/8/2021):

324 Tribe Motion to Quash

333 JW Gaming Motion to Enjoin Tribal Court Case

335 Opposition to 333

337 Opposition to 324

338 Reply in Support of 324

352 Magistrate Order Denying Motion to Quash

353 Reply in Support of 333

Cert Petition in Diné Citizens against Ruining Our Environment v. Navajo Transitional Energy Co. LLC [updated with additional cert stage materials]

March 26, 2020June 5, 2020Matthew L.M. Fletcher

Here:

Question presented:

Whether Federal Rule of Civil Procedure 19 requires dismissal of an Administrative Procedure Act action challenging a federal agency’s compliance with statutory requirements governing federal agency decisions, for failure to join a non-federal entity that would benefit from the challenged agency action and cannot be joined without consent.

Lower court materials here.

UPDATE:

Navajo Transitional BIO

Arizona Public Service BIO

Cayuga Nation Prevails over Village in Gaming Case

March 25, 2020Matthew L.M. Fletcher

Here is the opinion in Cayuga Nation v. Tanner (N.D. N.Y.):

147-dct-order.pdf

Briefs here.

Cert Petition by Convicted RICO Defendant in Payday Lending Scheme Invoking Tribal Immunity

March 20, 2020Matthew L.M. Fletcher

Here is the petition in Neff v. United States:

neff-cert-petition.pdf

us-waiver-letter.pdf

Questions presented:

1. Does a misrepresentation about the true identity of the owner of a business during settlement negotiations to resolve a civil lawsuit constitute a scheme to defraud the litigant of money or property in violation of the mail and wire fraud statutes?

2. Is the doctrine of tribal sovereign immunity wholly inapplicable in a circumstance where payday loans are made by a Native American tribe in affiliation with an entity acting as an “arm of the tribe” where such loans are made at interest rates in excess of state regulations, thus rendering the loans ipso facto unlawful debts in violation of the RICO statute?

3. Does the government have to prove willfulness to establish a RICO conspiracy to collect an unlawful debt?

Lower court materials here.

Federal Court Holds Hualapai Business Immune From Suit

March 8, 2020Matthew L.M. Fletcher

Here are the materials in Zhang v. Grand Canyon Resort Corp. (C.D. Cal.):

57-first-amended-complaint.pdf

60-1-motion-to-dismiss.pdf

60-3-declaration.pdf

67-opposition.pdf

76-dct-order.pdf

Arizona SCT Holds Tribal Company Did Not Establish Status as Subordinate Entity and Was Not Entitled to Immunity

February 25, 2020Matthew L.M. Fletcher

Here is the opinion in Hwal’Bay Ba J Enterprises v. Jantzen:

hwalbay-v.-jantzen-ariz-2020.pdf

An excerpt:

An Indian tribe’s “subordinate economic organization” serves as an “arm of the tribe” and therefore shares its sovereign immunity. This tort case affords us an opportunity to identify factors courts should examine to decide whether a tribal entity serves in that capacity. After doing so, we conclude the tribal entity here did not prove it is a subordinate economic organization entitled to share the tribe’s immunity, and the superior court therefore did not err by denying the entity’s motion to dismiss.

Briefs are here.