SCOTUS Denies Cert in Sun v. Mashantucket

Here is today’s order list.

Cert petition here.

Ninth Circuit Materials in Lyon v. Gila River Indian Community

Here:

Gila River Opening Brief

Lyon Answer Brief

Gila River Reply Brief

Oral argument video here.

Prior CA9 opinion materials here.

Here are the issues in the case, according to the tribe: Continue reading

Ninth Circuit Materials in False Claims Act Appeal against Salish Kootenai College

Here are the briefs in Cain v. Salish Kootenai College:

Opening Brief

College Brief

CSKT Brief

Reply

Oral argument video here.

Lower court materials in Cain v. Salish Kootenai College (D. Mont.):

16 Motion to Dismiss

21 Opposition

26 Reply

30 CSKT Amicus Brief

39 DCT Order

Ninth Circuit Materials in Atlantic Richfield Co. v. Laguna Construction Co.

Here are the briefs:

Opening Brief

Others briefs TK.

Lower court materials tag here.

Skokomish Suit against Suquamish Council Members Dismissed in Federal Court

Here are the materials in Skokomish Indian Tribe v. Forsman (W.D. Wash.):

15 Motion to Dismiss

19 Response

20-2 Sklallam Amicus Brief

22 Reply

34 DCT Order

Former Tribal Employee’s False Claims Act Suit to Proceed against Individuals, Sauk-Suiattle Tribe Dismissed

Here are the materials in Dahlstrom v. Sauk-Suiattle Tribe (W.D. Wash.):

13 Motion to Dismiss

15 Motion for TRO

19 Response to 15

20 Reply in Support of 15

22 DCT Order Denying 15

27 Response to 13

28 Reply in Support of 13

39 DCT Order on 13

Calif. COA Decides Scope of Tribal Immunity Waiver Matter

Here is the unpublished opinion in Federal Indians of Graton Rancheria v. Kenwood Investments (Cal. Ct. App. — First Dist.):

Federated Indians of Graton Rancheria v. Kenwood Investments

An excerpt:

The trial court’s ruling that the Tribe waived sovereign immunity with respect to Amendment No. 2 is affirmed. We reverse the award of attorney fees. All other aspects of the judgment remain undisturbed.

Federal Court Dismisses Railroad Expansion Project Suit under Rule 19 for Failure to Join Indispensable Tribes

Here are the materials in Union Pacific Railroad v. Runyon (D. Or.):

28 Tribal Motion to Dismiss

42 Response

44 Reply

56 DCT Order

Tenth Circuit Materials in Finn v. Great Plains Lending LLC

Here:

Finn Brief

Great Plains Lending Brief

Finn Reply

Lower court materials here.

Federal Bankruptcy Court Holds Bankruptcy Act Doesn’t Abrogate Tribal Immunity, Tribal Corporations Immune

Here are the materials in In re Money Centers of America (D. Del. Bkrcy.):

431 Order

An excerpt:

As set forth above, the Court finds that: (i) this is a facial attack on the Court’s subject matter jurisdiction allowing the Court to review various documents attached to the pleadings; (ii) both QCA and Thunderbird are sufficiently related to their respective Indian tribes to enjoy the tribes’ sovereign immunity; and (iii) neither Section 106(a) nor Section 101(27) abrogates QCA’s and Thunderbird’s sovereign immunity. Thus, Thunderbird’s motion to dismiss will be granted.

Furthermore, as to QCA only, the Court finds that it does not have sufficient information to determine whether there was a limited waiver of QCA’s sovereign immunity, to the extent of recoupment only, as to QCA’s claims. Although, at most recoupment would be limited to the amount of QCA’s claims against the Money Center’s estate

Quapaw Casino proceeding:

66 QCA Motion to Dismiss

67 Trustee Opposition

69 Reply

Thunderbird (Absentee Shawnee) proceeding:

6 Trustee Opposition

7 Thunderbird Brief