Virginia Federal Court Confirms Immunity of Tribal Sovereign Lending Entity

Here are the materials in Howard v. Plain Green (E.D. Va.):

14 Motion to Dismiss

18 Response

19 Reply

21 Magistrate Report

22 DCT Order

Federal Court Rules in Favor of Stillaguamish Tribe in Dispute with State of Washington over Apparent/Actual Authority to Waive Tribal Immunity

Here are the materials in Stillaguamish Tribe of Indians v. State of Washington (W.D. Wash.):

26 State Motion for Summary Judgment

28 Tribe Motion for Summary J

33 Tribe Response

37 State Response

41 State Reply

42 Tribe Reply

44 DCT Order

Florida COA Affirms Tribal Immunity Defense in Miccosukee Tribe v. Lewis & Tein 

Here is the opinion.

An excerpt:

“There are reasons to doubt the wisdom of perpetuating the doctrine” of tribal immunity. Kiowa Tribe of Oklahoma v. Mfg. Techs., Inc., 523 U.S. 751, 758 (1998). It “can harm those who are unaware that they are dealing with a tribe, who do not know of tribal immunity, or who have no choice in the matter, as in the case of tort victims.” Id. No one knows this more than Guy Lewis and Michael Tein. The Miccosukee Tribe of Indians of Florida, according to Lewis and Tein’s complaint, spent five years filing false lawsuits, suborning perjury, and obstructing justice, in an effort to damage the attorneys’ finances, reputations, and law firm. Whatever its wisdom, tribal immunity endures, and Indian tribes are not subject to the civil jurisdiction of our courts absent a clear, explicit, and unmistakable waiver of tribal sovereign immunity or a congressional abrogation of that immunity. Because neither exception to tribal immunity has been established in this case, we reverse the trial court’s denial of the Miccosukee Tribe’s motion to dismiss.

UPDATE (9/7/17):

Miccosukee Brief

USET Amicus Brief

Answer Brief

Tribe Reply

Federal Court Dismisses Gaming Contract Breach against Picayune Rancheria

Here are the materials in Osceola Blackwood Ivory Gaming Group LLC v. Picayune Rancheria of Chukchansi Indians (E.D. Cal.):

8 Motion to Dismiss

12 Response

14 Reply

18 DCT Order

Tenth Circuit Denies Utility/Pipeline Company En Banc Petition; Cert Petition Likely; Trump Admin. May Change Position on Case to Appease Pipeline Company

Here are the materials in Public Service Company of New Mexico v. Barboan:

PSCNM En Banc Petition

Transwestern Pipeline Company Amicus Brief

CA10 Order on En Banc Review

PSCNM Motion for Stay

Prior posts here.

Federal Court Dismisses Slip and Fall Action against Fort Mojave Indian Tribe’s Casino Operations

Here are the materials in Ireson v. AVI Casino Enterprises (D. Nev.):

8 Motion to Dismiss

11 Response

16 Reply

21 DCT Order

Ninth Circuit Remands False Claims Act Matter 

Here is the opinion in United States ex rel. Cain v. Salish Kootenai College.

Materials here.

Federal Court Dismisses Casino Patron Effort to Overrule Tribal Tort Claims Act Interpretation

Here are the materials in Wilson v. Umpqua Indian Development Corporation (D. Or.):

1 Complaint

1-7 Tribal Court Decision

15 Motion to Dismiss

Washington COA Dismisses Two Challenges to Swinomish Civil Forfeiture under Rule 19

Here is the unpublished opinion in Washington v. Director of the Dept. of Licensing.

An excerpt:

After losing her vehicle to the Swinomish Tribe in civil forfeiture, Washington filed this suit against the Department of Licensing and unnamed Swinomish police officers. The trial court dismissed the case under CR 19 for failure to join an indispensable party: the Tribe. We affirm.

Here are the briefs:

And here is the unpublished opinion in Scott v. Doe.

Briefs:

Ninth Circuit Affirms Dismissal of Tort Claim against Rocky Boy’s

Here is the unpublished opinion in Eagleman v. Rocky Boy’s Chippewa-Cree Business Committee or Council.

Briefs here.

Lower court materials here.

Oral argument video here.