tribal sovereign immunity

Split Washington SCT Decides Rule 19/Tribal Immunity in In Rem Jurisdiction Matter

Matthew L.M. Fletcher2 Comments

Here is the 5-4 opinion in Lundgren v. Upper Skagit Indian Tribe.

Briefs:

Ninth Circuit Materials in Guidiville Rancheria v. United States

Matthew L.M. Fletcher

Here are the briefs:

Guidiville Rancheria Opening Brief

City of Richmond Brief

Reply

Oral argument video here.

Lower court materials here.

Wisconsin Oneida Cert Opposition Brief in Meyers v. Oneida

Matthew L.M. Fletcher

Here:

Oneida Cert Opp

Petition here.

Ceiba Legal Awarded Attorney Fees After Successful Defense of RICO/Lanham Act Actions

Matthew L.M. Fletcher

Here are the materials in Elem Indian Colony of Pomo Indians of the Sulphur Bank Rancheria v. Ceiba Legal (N.D. Cal.):

70 Motion for Atty Fees

75 Response

79 Reply

83 DCT Order

Lower court materials here.

 

Casino Patron Brings Federal Suit over Interpretation of Tribal Tort Claims Act

Matthew L.M. Fletcher

Here is the complaint in Wilson v. Umpqua Indian Development Corporation (D. Or.):

1 Complaint

1-7 Tribal Court Decision

Update:

15 Motion to Dismiss

Todd Henderson Recap of Lewis v. Clarke Oral Argument

Matthew L.M. Fletcher

On SCOTUSblog here.

An excerpt:

At the end of the day, there was no strong consensus among the justices about how this case should turn out. This was in part because the case has many moving doctrinal parts. It could be resolved on broad sovereignty grounds, on a reconsideration of the court’s distinction between sovereign and official immunity, on the efficacy of tribal justice, on the possibility of comity or using bargaining to protect individual litigants, or a host of other possibilities. Because the case comes to the court early in the litigation and without a full complement of justices, it is an unlikely vehicle for reworking the court’s sovereign immunity jurisprudence. A soft prediction is that the court will send the case back to the Connecticut courts to reconsider issues of comity, official immunity and the implication of the off-reservation location of the accident.

Continue reading →

California SCT Rules against Immunity for Tribal Sovereign Lenders

Matthew L.M. Fletcher

Here is the opinion in People ex rel. Owens v. Miami Nation Enterprises.

We posted briefs here.

Amicus Briefs Supporting Respondent in Lewis v. Clarke

Matthew L.M. Fletcher

Here:

Oregon and Arizona Amicus Brief

Seminole Tribe Amicus Brief

NCAI Amicus Brief (+Texas, New Mexico, Colorado and Six Tribes)

Ninth and Tenth Circuit Tribes’ Amicus Brief

Background materials here.

Federal Court Dismisses Energy Company Counterclaim against Battle Mountain

Matthew L.M. Fletcher

Here are the materials in Battle Mountain Band of the Te-Moak Tribe of Western Shoshone Indians v. Bureau of Land Management (D. Nev.):

83-motion-to-dismiss-counterclaim

92-carlin-resources-response

93-reply

94-order

The main suit against the BLM is currently on appeal to the Ninth Circuit. Materials here.

 

Meyers v. Wisconsin Oneida Cert Petition — Another Immunity Case

Matthew L.M. Fletcher2 Comments

Here is the petition in Meyers v. Oneida Tribe of Indians of Wisconsin:

Cert petition

Questions presented:

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.