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.

Federal Court Dismisses Construction Contractor’s Section 1983 Action against Reno-Sparks Indian Colony

Here are the materials in Forsythe v. Reno-Sparks Indian Colony (D. Nev.):

17 Tribe Motion to Dismiss

19 Wood Rodgers Inc Motion to Dismiss

24 Response to Tribe Motion

25 Response to Wood Rodgers Inc

27 Tribe Reply

28 Wood Rodgers Reply

38 DCT Order

Ninth Circuit Affirms Dismissal of Counterclaims against Quinault Tribe

Here are the materials in Quinault Indian Nation v. Pearson.

Opinion

Opening Brief

Answer Brief

Reply

The court’s syllabus:

In an action brought by the Quinault Indian Nation alleging a scheme to defraud the Nation of cigarette taxes, the panel affirmed the district court’s dismissal of counterclaims as barred by the Nation’s sovereign immunity. 

The panel held that if brought in a separate suit against the Nation, the counterclaims would be barred by sovereign immunity. Asserting the claims as counterclaims did  not change the sovereign-immunity analysis. The panel concluded that the Nation did not waive its sovereign immunity because it filed the underlying suit but took no further action that unequivocally waived its immunity to the counterclaims, and the counterclaims did not qualify as claims for recoupment.

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