Federal Court Confirms Labor Union Arbitration Award against Picayune Rancheria Casino

Here are the materials in Unite Here Local 19 v. Picayune Rancheria of Chukchansi Indians (E.D. Cal.):

1 Petition

11-1 Unite Here Motion for Judgment on the Pleadings

15 Chukchansi Opposition

16 Unite Here Reply

18 DCT Order

An excerpt:

Respondents maintain that the Labor Management Relations Act (“LMRA”) does not apply to them because the statute does not expressly abrogate tribal sovereignty. This Court, however, need not determine whether the statute abrogates sovereignty, as Respondents have waived their sovereign immunity and consented to be sued in federal court. See Okla.Tax Comm’n v. Citizen Band Potawatomi Indian Tribe of Okla., 498 U.S. 505, 509 (1991) (“Suits against Indian tribes are thus barred by sovereign immunity absent a clear waiver by the tribe or congressional abrogation.”) (emphasis added). The CBA-which, again, Respondents concede they agreed to—provides:
For the sole purpose of enabling a suit to compel arbitration or to confirm an arbitration award under this Agreement or the Employer’s Tribal Labor Relations Ordinance, the Employer agrees to a limited waiver of sovereign immunity and consents to be sued in federal court, without exhausting tribal remedies.
Pet., Exh. A at 17 (emphasis added). There is no indication that Respondents entered into this unequivocal waiver involuntarily. See White v. Univ. of Cal., 765 F.3d 1010, 1025–26 (9th Cir.2014) (“A voluntary waiver by a tribe must be unequivocally expressed.”) (internal quotation marks omitted).
Contrary to Respondents’ suggestion, the United States Supreme Court’s recent decision in Michigan v. Bay Mills Indian Community, 134 S.Ct. 2024 (2014), does not compel a different result. In fact, that opinion reconfirmed that an Indian tribe may waive its sovereign immunity: “we have time and again treated the doctrine of tribal immunity as settled law and dismissed any suit against a tribe absent congressional authorization or a waiver.” 134 S.Ct. 2030–31 (internal quotation marks, brackets, and parentheses omitted); see also id. at 2035 (“[I]f a State really wants to sue a tribe for gaming outside Indian lands, the State need only bargain for a waiver of immunity.”).

Materials in Wrongful Death Action against Mississippi Choctaw

Here are the briefs in Payne v. Mississippi Band of Choctaw Indians (S.D. Miss.):

12 Motion to Dismiss

15 Opposition

News coverage here.

Federal Court Rejects Gaming Bid of MOWA Band of Choctaw Indians

Here are the materials in State of Alabama v. 50 Serialized JLM Games (S.D. Ala.):

8 Alabama Motion to Remand

10 MOWA Motion to Dismiss

23 Alabama Response to Motion to Dismiss

31 MOWA Amended Notice of Removal to Federal Court

32 Alabama Surreply re Motion to Remand

36 Magistrate Report

39 DCT Order

Louisiana Appellate Briefs in Meyer & Assocs. v. Coushatta Tribe of Louisiana II

Here:

Coushatta Tribe Brief

Meyer & Assoc Brief

The report of the decision in Meyer & Assocs. v. Coushatta Tribe of Louisiana I is here:

992_So.2d_446

Oklahoma v. Hobia Cert Petition

Here:

Petition for a Writ of Certiorari (as filed)

Question presented:

Does Michigan v. Bay Mills Indian Community, 134 S.Ct. 2024 (2014), require the dismissal of a State’s suit to prevent tribal officers from conducting gaming that would be unlawful under the Indian Gaming Regulatory Act and a state-tribal compact when

• the suit for declaratory and injunctive relief has been brought against tribal officials – not the tribe;
• the gaming will occur in Indian country, on the land of another tribe; and

• the state-tribal compact’s arbitration provision does not require arbitration before filing suit?

Lower court materials here.

First Circuit Briefs in Luckerman v. Narragansett Tribe

Here:

Narrangansett Brief

Luckerman Brief

Narragansett Reply

Lower court materials here.

Quinault Moves to Dismiss Claims against Estate of Edward Comenout; Counterclaims Dismissed, Too

Here are the materials in Quinault Indian Nation v. Comenout (W.D. Wash.):

59 Quinault Motion to Dismiss Counterclaims

62 Opposition

67 Reply

72 DCT Order

Ninth Circuit Materials in Carsten v. Nevada Inter-Tribal Council — FMLA Claims

Here:

Carsten Opening Brief

ITC Answer Brief

Carsten Reply Brief

Oral argument video and audio.

Lower court materials here.

Suit for Injunctive Relief against Blackfeet Elected Officials over Utility MOA Dispute May Proceed

Here are the materials in Town of Browning v. Sharp (D. Mont.):

71 12b1 Motion to Dismiss

73 12b6 Motion to Dismiss

75 12b7 Motion to Dismiss

95 Response to 12b1 Motion

96 response to 12b6 Motion

97 Response to 12b7 Motion

115 Reply in Support of 12b7 Motion

123 DCT Order

140 Magistrate Report

144 Objection to Magistrate Report

148 DCT Order

An excerpt:

Defendants and Plaintiff have not objected to Judge Johnston’s Findings and Recommendations on any other grounds. The Court finds no clear error in Judge Johnston’s Findings and Recommendations, and adopts them in full. A plaitiff may seek only prospective, injunctive relief under the doctrine of Ex Parte Young. Burlington N. & Santa Fe Ry. Co. v. Vaughn, 509 F.3d 1092 (9th Cir.2007). Plaintiff seeks compensatory damages, exemplary damages, treble damages, and costs and attorney fees for counts 2–5. Plaintiff has failed to state a claim for which relief can be granted. Dismissal of counts 2–5 is appropriate pursuant to Federal Rule of Civil Procedure 12(b)(6). Plaintiff seeks prospective, injunctive relief in count 1. Defendants have failed to demonstrate that Plaintiff has not stated a claim for which relief can be granted in count 1.

Sault Tribe Motion to Dismiss Michigan Gaming Suit

Here are the new materials in the case captioned State of Michigan v. Payment (W.D. Mich.):

2015-03-20 Brief in Support of Defendant’s Motion to Dismiss Amended Complaint

2015-03-20 Defendant’s Motion to Dismiss Amended Complaint

71 Michigan Response to Motion to Dismiss

72 Sault Tribe Reply

The state’s amended complaint is here.