tribal sovereign immunity – Page 35 – Turtle Talk

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.

Fourth Circuit Briefs in Williams v. Big Picture Loans

January 28, 2019April 17, 2019Matthew L.M. Fletcher

Here:

appellant brief

williams appellee brief

center for responsible lending amicus brief

conference of tribal lending commissioners amicus brief

ncai amicus brief

Redacted Reply Brief

Lower court materials here.

Ninth Circuit Vacates Stillaguamish Effort to “Engineer” Jurisdiction in an Immunity Defense Case

January 22, 2019Matthew L.M. Fletcher

Here is the opinion in Stillaguamish Tribe of Indians v. State of Washington.

Materials here.

Federal Judge Declines to Quash Subpoenas of Tribal General Counsel

January 18, 2019January 18, 2019Matthew L.M. Fletcher

Here are the materials in Wichtman v. Martorello (W.D. Mich.):

1-1 motion to quash

Federal Court Dismisses Contract Claim against Alaska Tribe

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

Here are the materials in Alaska Logistics LLC v. Newtok Village Council (D. Alaska):

6 answer and counterclaims

19 tribe motion to dismiss

25 answer to counterclaims and counterclaims to counterclaims

28 motion to strike

29 opposition to mtd

31 reply in support of mtd

St. Regis Mohawk v. Mylan Pharma Cert Petition

January 15, 2019March 21, 2019Matthew L.M. Fletcher

Here:

cert-petition-1.pdf

Question presented:

Whether inter partes review before the Patent Trial and Appeal Board is the type of proceeding in which tribal sovereign immunity may be asserted.

Lower court materials here.

Update:

Mylan BIO

St. Regis Reply

Employment Claim against Alaska Native Tribal Health Dismissed

January 3, 2019Matthew L.M. Fletcher

Here are the materials in Barron v. Alaska Native Tribal Health Consortium (D. Alaska):

1 notice of removal

10 motion to dismiss

2019 01 02 barron decision

Tenth Circuit Denies En Banc Petition in Enable Oklahoma Intrastate Transmission LLC v. A 25 Foot Wide Easement

December 19, 2018Matthew L.M. Fletcher

Here are the materials:

En Banc petition

Unopposed Motion for Atty Fees

Order Denying En Banc Petition

Order Granting Atty Fees

Other posts here.

Connecticut Court Holds Tribal Business is Immune from State Dept. of Banking Authority

December 18, 2018Matthew L.M. Fletcher

Here are the materials in Great Plains Lending LLC v. State of Connecticut Dept. of Banking (Conn. Super.):

Amended Complaint

Department’s Motion to Dismiss

Great Plains Objection to MTD

Superior Ct Order Denying Motion to Dismiss

Great Plains Brief on the Merits

Department’s Brief on the Merits

Great Plains Reply

Superior Ct Order Vacating Commissioner Order