tribal sovereign immunity – Page 34 – Turtle Talk

Ninth Circuit Decides Hestand v. Gila River Indian Community [Attorney Employment Claims]

April 22, 2019Matthew L.M. Fletcher

Here is the unpublished opinion.

Briefs here.

Third Circuit Briefs in United States v. Neff [third-party use of tribal immunity defense; “rent-a-tribe”]

April 16, 2019April 16, 2019Matthew L.M. Fletcher

Here are the materials in United States v. Neff:

Hallinan Appellant Brief

Neff Appellant Brief

US Answer Brief

SCOTUS Denies Cert in St. Regis Mohawk v. Mylan

April 15, 2019Matthew L.M. Fletcher

Here is today’s order list.

Cert stage materials in that case are here.

Federal Court Rejects Last Remaining Claims in Dahlstrom v US [wrongful discharge from Sauk-Siuattle]

April 9, 2019Matthew L.M. Fletcher

Here are the materials in Dahlstrom v. United States (W.D. Wash.):

82 Individual Defs Motion for Summary Judgment

Prior posts here.

Buchwald Capital Advisors LLC v. Sault Ste. Marie Tribe of Chippewa Indians Cert Petition [Bankruptcy Code + Sovereign Immunity]

March 22, 2019Matthew L.M. Fletcher

Here:

buchwald cert petition

Question presented:

Whether the Bankruptcy Code abrogates the sovereign immunity of Indian tribes.

Lower court materials here.

Split Sixth Circuit Panel Confirms Tribal Immunity in Bankruptcy Act Proceedings

February 27, 2019Matthew L.M. Fletcher

Here is the opinion in In re Greektown Holdings LLC.

Briefs:

buchwald-brief.pdf

sault-tribe-brief.pdf

buchwald-reply.pdf

Lower court materials and prior posts here.

Washington Appellate Court Holds Tribal Gaming Commission Immune from Suit

February 26, 2019Matthew L.M. Fletcher

Here are the materials in Long v. Snoqualmie Gaming Commission (Wash. Ct. App.):

appellant-brief.pdf

appellee-brief.pdf

Eighth Circuit Decides Stanko v. Oglala Sioux Tribe

February 22, 2019Matthew L.M. Fletcher

Here is the opinion.

Briefs here.

Federal Court Holds Individual Members of Tribal Corporate Board Can Be Sued under False Claims Act

February 21, 2019April 17, 2019Matthew L.M. Fletcher

Here are the materials in Cain v. Salish Kootenai College (D. Mont.):

110 SKC Motion to Certify

112 Individual Defendants MTD

115 Response to 110

116 Response to 112

117 Reply in Support of 110

118 Reply in Support of 112

UPDATE: 129 Amended DCT Order

Prior posts here and here.

Mitchell v. Tulalip Tribes Cert Petition

January 30, 2019May 8, 2019Matthew L.M. Fletcher

Here:

mitchell-cert-petition.pdf

UPDATE:

Question presented:

Does sovereign immunity bar the federal courts’ consideration of a declaratory judgment action to determine whether Respondent Tribes can exercise regulatory/taxing authority over real property owned in fee by Petitioners non-Indians, pursuant to allotments that were authorized by the Tribes’ treaty with the United States?

Lower court materials here.