tribal sovereign immunity – Page 41 – Turtle Talk

Federal Court Refuses to Quash Depositions of Ute Tribal Council Members over Funding of Lawsuit against Duschene Couty Police

April 2, 2018April 2, 2018Matthew L.M. Fletcher

Here are the materials in Wopsock v. Dalton (D. Utah):

130 Motion to Quash

136 Wopsock Brief

Federal Circuit Stays PTAB Tribal Immunity Decision

March 28, 2018March 28, 2018Matthew L.M. Fletcher

Here are the materials in St. Regis Mohawk Tribe v. Mylan Pharmceuticals:

Motion for Stay

Stay of PTAB Decision

Cert Opposition Brief in N.M. Public Service Co. v. Barboan & Navajo

March 28, 2018March 29, 2018Matthew L.M. Fletcher

Here:

cert opposition[Navajo]

Cert petition here.

Poarch Band of Creek Indians v. Wilkes Cert Stage Materials

March 26, 2018June 5, 2019Matthew L.M. Fletcher

Here:

Poarch Band et al v Wilkes petition for writ

17-1175 Indian Law Scholars amicus brief

UnitedSouthandEasternTribes inc.

wilkes brief in opposition

sg-invitation-brief-1.pdf

17-1175SupplementalBriefForRespondents

Petitioners Supplemental Brief

Lower court materials here.

Oral Argument Transcript in Upper Skagit v. Lundgren

March 21, 2018Matthew L.M. Fletcher

Background materials here.

Federal Dismisses Alleged Whistleblower Complaint against US re: Former Sauk-Suiattle Employee, Allows 30 Days to Refile on Free Speech Claims

March 5, 2018Matthew L.M. Fletcher

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

38 US Motion to Dismiss

Prior post here.

Patent Trial and Appeal Board Rejects Tribal Immunity

February 26, 2018February 26, 2018Matthew L.M. Fletcher

Here is the order in Mylan Pharmaceuticals v. St. Regis Mohawk Tribe:

Materials here.

Federal Court Rejects Trappers/Hunters Effort to Dismiss Challenge to Federal Implementation of Convention on International Trade in Endangered Species (Rule 19!)

February 23, 2018February 23, 2018Matthew L.M. Fletcher

Here are the materials in Wildearth Guardians v. United States Fish & Wildlife Service (D. Mont.):

75 Motion to Dismiss

79 Federal Response

80 Wildearth Guardians Response

Ninth Circuit Briefs in Skokomish Indian Tribe v. Forsman

February 12, 2018Matthew L.M. Fletcher

Here:

Skokomish Opening Brief

Forsman Answer Brief

Skallam Tribes Amicus Brief

Lower court materials here.

Upper Skagit Indian Tribe v. Lundgren Background Materials

January 31, 2018March 21, 2018Matthew L.M. Fletcher3 Comments

Question presented:

Does a court’s exercise of in rem jurisdiction overcome the jurisdictional bar of tribal sovereign immunity when the tribe has not waived immunity and Congress has not unequivocally abrogated it?

Here are the merit stage briefs:

Upper Skagit Brief

United States Brief

NCAI Amicus Brief

Tribal Amicus Brief

Tribal Amicus Brief II

States Amicus Brief in Support of Neither Party

Respondents Brief

Cert stage briefs:

Lower court materials:

Washington SCT Decision

Appellants Brief

Respondents Brief