tribal sovereign immunity

Wash. SCT Decides Outsource Servs. Mgmt. v. Nooksack Bus. Corp.

Matthew L.M. Fletcher

Here is the opinion.

An excerpt:

Washington State courts have jurisdiction over civil cases arising on Indian reservations as long as it does not infringe on the sovereignty of the tribe. At issue in this case is whether Washington State courts have jurisdiction over a civil case arising out of a contract in which the tribal corporation waived its sovereign immunity and consented to jurisdiction in Washington State courts. We hold that it does not infringe on the sovereignty of the tribe to honor its own corporation’s decision to enter into a contract providing for jurisdiction in Washington State courts.

Briefs and other materials here.

Eleventh Circuit Rules in Favor of Seminole Tribe in Title VII Matter

Matthew L.M. Fletcher

Here is the unpublished opinion in Mastro v. Seminole Tribe:

Mastro v Seminole

Briefs here.

California COA Affirms Tribal Immunity from Casino Employees’ Suit

Matthew L.M. Fletcher1 Comment

Here is the opinion in Chavez v. Morongo Casino Resort & Spa:

Opinion

Minnesota COA Affirms TRO against Western Sky; Rejects Immunity Defense

Matthew L.M. Fletcher1 Comment

Here is the opinion in State ex rel. Swanson v. CashCall Inc.:

Minn COA Unpublished Opinion

An excerpt:

Respondent State of Minnesota brought a consumer-enforcement action against appellants CashCall, Inc., and WS Funding, LLC, in July 2013, alleging that appellants are using a third company, Western Sky Financial, LLC, as a front to make usurious loans to Minnesota consumers. The state moved for a temporary injunction, and appellants moved to dismiss the state’s complaint pursuant to Minnesota Rule of Civil Procedure 12.02(e). The district court granted the temporary injunction and denied the dismissal motion. Appellants challenged both rulings in these consolidated appeals. Because the district court did not err by denying the dismissal motion and did not abuse its discretion by granting the temporary injunction, we affirm.

Second Circuit Denies En Banc Review in Stockbridge-Munsee Land Claims

Matthew L.M. Fletcher1 Comment

Here:

Stockbridge CA2 En Banc Denial

The petition is here.

 

New Mexico COA Remands Sandia Police Sexual Harassment Suit

Matthew L.M. Fletcher

Here is the opinion in South v. Lujan:

CA32,015

An excerpt:

Plaintiff-Appellant Tiffany South—a former officer with the Sandia Pueblo Police Department (Plaintiff) filed a complaint for violation of the New Mexico Human Rights Act (NMHRA), retaliatory discharge, and tortious inference with contract against Defendants-Appellees Isaac Lujan, William Duran, and Mary-Alice Brogdon (collectively, Defendants) in their individual capacities. The district court granted Appellees’ motion to dismiss based on lack of jurisdiction. Because the record on appeal is insufficient to permit review, we reverse and remand for factual development on the issues relevant to state court jurisdiction.

Ninth Circuit Briefs in Attempt to Arbitrate Pechange Tort Claims Statute under IGRA

Matthew L.M. Fletcher3 Comments

Here are the briefs in Cosentino v. Pechanga Band of Luiseño Mission Indians:

Cosentino Opening Brief

Pechanga Answer Brief

Repky brief TK

Lower court materials (C.D. Cal.):

12-1 Pechanga Motion to Dismiss

13 Cosentino Response

20 DCT Amended Order

Federal Court Dismisses Jamul Action Committee Challenge under Rule 19 (with leave to amend)

Matthew L.M. Fletcher2 Comments

Here are the materials in Jamul Action Committee v. Stevens (E.D. Cal.):

21 Federal Motion to Dismiss

22 Jamul Indian Village Motion to Fiile Amicus Brief

22-1 Jamul Indian Village Motion to Dismiss

30 Jamul Action Committee Response to Jamul Indian Village

31 Jamul Action Committee Response to Feds

34 Jamul Indian Village Reply in Support of Amicus Motion

36 Jamul Indian Village Reply in Support of Motion to Dismiss

37 Federal Reply

42-1 Jamul Action Committee Motion to Amend Complaint

50 DCT Order

We posted the complaint here.

Materials in Silvia Burley/California Valley Miwok Tribe Challenge to Foreclosure of Residence/Tribal Govt. Building

Matthew L.M. Fletcher2 Comments

Here are the materials in Burley v. OneWest Bank (E.D. Cal.):

1 Burley Complaint

6 OneWest Motion to Dismiss

13 DCT Order to Show Cause

And here are materials in the related matter, Deutsche Bank National Trust Company v. Burley (E.D. Cal.):

1-1 Notice of Removal

8 DCT Order to Show Cause

Second Circuit Affirms Cayuga Immunity from Seneca County Tax Foreclosure Relying on Bay Mills Decision

Matthew L.M. Fletcher4 Comments

Here are the materials in Cayuga Indian Nation v. Seneca County:

Seneca County Opening Brief

Cayuga Indian Nation Brief

Seneca County Reply

New York AG Brief

US DOJ Brief

CA2 Opinion

The syllabus:

Appeal from a district court order preliminarily enjoining Seneca County from foreclosing upon certain parcels of the Cayuga Indian Nation of New York’s real property to satisfy unpaid ad valorem property taxes. We conclude, in light of recent Supreme Court guidance, that tribal sovereign immunity from suit bars the County’s proceedings against the Nation and therefore AFFIRM the order of the district court.

Lower court materials are here.