Alabama Supreme Court Rejects Tribal Immunity Defense in Two of Three Cases against Poarch Band Creek

Here are the opinions:

2017.09.29 – Harrison opinion

Briefs:

Harrison Brief

Reply

2017.09.29 – Rape opinion

We posted some briefs on the Rape case here. Additional materials here:

Tribe Brief

Reply

2017.09.29 – Wilkes opinion

Briefs:

Wilkes Brief

Tribe Brief

St. Regis Mohawk Brief in Patent Litigation

Here is the brief in the matter captioned Mylan Pharmaceuticals Inc. v. Allergan Inc.:

Tribe-Motion-to-Dismiss-IPRs

Federal Court Dismisses Pro Se Attack on Oglala Sioux Tribe (over a traffic ticket)

Here are the materials in Stanko v. Oglala Sioux Tribe (D.S.D.):

8 Motion to Dismiss

9 Response

10 Reply

12 DCT Order

New Scholarship on Sovereign Immunity from Patent Claims

Here is “Shielded by Sovereignty: The Impact for Patentees of Covidien v. University of Florida Research Foundation” by Matt Rizzolo, Samuel L Brenner, Andrew J Sutton, and Michael Gershoni.

Upper Skagit Cert Petition in In Rem Tribal Immunity Matter

Here is the petition in Upper Skagit Indian Tribe v. Lundgren:

Cert Petition

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?

Lower court materials here.

UPDATE:

Cert Opp

Reply

Greg Ablavsky: “Tribal Sovereign Immunity and Patent Law”

Here, from Written Description, an IP blog.

Gizmodo: “Why a Drug Company Is Selling Patents to a Native American Tribe”

Here.

Federal Court Grants Rule 19 Dismissal in Challenge to Navajo Mine and Four Corners Power Plant

Here are the materials in Diné Citizens Against Ruining Our Environment v. Bureau of Indian Affairs (D. Ariz.):

50 Motion to Dismiss

56 US Opposition

57 Plaintiffs Opposition

61 Reply

64 DCT Order

Federal Court Declines to Stay Mandate in Effort to Condemn Navajo Lands Saying Utility Loses Even if SCOTUS Reverses

Here are the materials in Public Service Company of New Mexico v. Approximately 15.49 Acres of Land in McKinley County (D.N.M.):

142 Motion to Confirm Stay Order

143 Response

145 Reply

147 DCT Order

Prior posts here.

Alaska SCT Issues Opinion Affirming Tribal Sovereign Immunity from Suit

Here is the opinion in Douglas Indian Association v. Central Council of Tlingit & Haida Indian Tribes.