tribal sovereign immunity

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

Matthew L.M. Fletcher

Here:

cert opposition[Navajo]

US Cert Opp

Cert petition here.

Poarch Band of Creek Indians v. Wilkes Cert Stage Materials

Matthew 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

Reply

sg-invitation-brief-1.pdf

17-1175SupplementalBriefForRespondents

Petitioners Supplemental Brief

Lower court materials here.

Oral Argument Transcript in Upper Skagit v. Lundgren

Matthew L.M. Fletcher

Here.

Background materials here.

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

Matthew L.M. Fletcher

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

38 US Motion to Dismiss

48 Response

49 US Reply

62 DCT Order

Prior post here.

Patent Trial and Appeal Board Rejects Tribal Immunity

Matthew L.M. Fletcher

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

Order

Materials here.

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

Matthew 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

84 Reply

94 DCT Order

Ninth Circuit Briefs in Skokomish Indian Tribe v. Forsman

Matthew 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

Matthew 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

Reply

Cert stage briefs:

Cert Petition

Cert Opp

Reply

Lower court materials:

Washington SCT Decision

Appellants Brief

Respondents Brief

Reply

 

SCOTUS Denies Cert in Lewis Tein PC v. Mikkosukee

Matthew L.M. Fletcher1 Comment

Here is yesterday’s order list.

Petition stage materials here.

 

Federal Court Enjoins Cherokee Nation Tribal Court Suit against Opioid Companies

Matthew L.M. Fletcher

Here is the order in McKesson Corp. v. Hembree (N.D. Okla.):

138 DCT Order

An excerpt:

Oklahoma is among the states with the highest number of opioid prescriptions per one hundred people and has a high overdose death rate. Tribal communities have been tragically affected, as have other communities in Oklahoma. Numerous cities, counties and states throughout the country, including the state of Oklahoma, have filed lawsuits against various opioid manufactures, pharmaceutical distributors, and other businesses allegedly responsible for the proliferation of opioid drugs. This proceeding concerns a lawsuit by the Cherokee Nation against a number of opioid distributors and pharmacies. However, the question before the Court is not the merits of the Cherokee Nation’s lawsuit but rather the boundaries of tribal court jurisdiction. The Attorney General of the Cherokee Nation has filed suit not in state court but in the tribal district court of the Cherokee Nation. Do the tribal courts of the Cherokee Nation have jurisdiction over this particular action? The Court finds they do not.

Briefs here.