tribal sovereign immunity – Page 49

1. Whether Congress abrogated the sovereign immunity of an Indian tribe under 15 U.S.C. § 1681, et seq., by providing that “any…government” may be liable for damages.
2. Whether an individual who receives a computer generated cash register receipt displaying more than the last five digits of the individual’s credit card number and the card’s expiration date has suffered a concrete injury sufficient to confer standing under Article III of the United States Constitution.

Lower court materials here.

Federal Court Dismisses Slip and Fall Suit against Casino for Failure to Exhaust Tribal Remedies

December 8, 2016December 8, 2016Matthew L.M. Fletcher

Here are the materials in Sullivan v. Harrah’s Operating Company (D.S.C.):

28-1-motion-to-dismiss

34-dct-order

Federal Court Denies Rule 11 Sanctions Motion against Counsel for United Indian Health Services

December 6, 2016December 6, 2016Matthew L.M. Fletcher

Here are the materials in United Indian Health Services v. Su (E.D. Cal.):

29-dct-order-dismissing-suit

31-1-motion-for-sanctions

32-opposition

33-reply

35-dct-order-denying-sanctions

US Seeks Reversal in Lewis v. Clarke (Different Theory than Petitioners)

November 28, 2016Matthew L.M. Fletcher

Here is that brief:

SG Brief

Here is another amicus brief supporting petitioner:

Conn. Trial Lawyers Assn. Amicus Brief

The background materials are here.

Montana SCT Affirms Immunity for Tribal Police Officer and CSKT

November 18, 2016November 18, 2016Matthew L.M. Fletcher

Here are the materials in Crawford v. Couture:

Fletcher Preview of Lewis v. Clarke

November 14, 2016November 14, 2016Matthew L.M. Fletcher

Here is “Supreme Court case could expose Indian tribes to new legal risks” at The Conversation.

Excerpt:

One would be tempted to think this is a case about fairness, about guaranteeing a forum for non-Indians to sue tribal employees who might be cloaked in a tribe’s immunity from the suit. In my opinion, fairness to the Lewis couple, however, comes at the expense of fairness to the tribe.

Recall that the tribe does provide a forum to resolve personal injury claims against it in tribal court, but with a one year limitations period. Under that law, the Mohegan tribal court has confirmed awards against tribal police officers; indeed, the tribe likely has settled thousands of claims over the years.

I have long argued that Indian tribes should provide an adequate forum to address the negligent actions of their employees. The Mohegan tribe has done so here by establishing a tribal court and a legal process for resolving personal injury claims. In fact, Mohegan was one of the earliest tribes to start doing so, way back in the 1990s. But personal injury lawyers have complained about Mohegan law because it bars punitive damages and other doctrines that can balloon judgment awards.

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Background materials on the case are here.