Here is the opinion in Chavez v. Morongo Casino Resort & Spa:
tribal sovereign immunity
Minnesota COA Affirms TRO against Western Sky; Rejects Immunity Defense
Here is the opinion in State ex rel. Swanson v. CashCall Inc.:
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
New Mexico COA Remands Sandia Police Sexual Harassment Suit
Here is the opinion in South v. Lujan:
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
Here are the briefs in Cosentino v. Pechanga Band of Luiseño Mission Indians:
Repky brief TK
Lower court materials (C.D. Cal.):
Federal Court Dismisses Jamul Action Committee Challenge under Rule 19 (with leave to amend)
Here are the materials in Jamul Action Committee v. Stevens (E.D. Cal.):
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
42-1 Jamul Action Committee Motion to Amend Complaint
We posted the complaint here.
Materials in Silvia Burley/California Valley Miwok Tribe Challenge to Foreclosure of Residence/Tribal Govt. Building
Here are the materials in Burley v. OneWest Bank (E.D. Cal.):
And here are materials in the related matter, Deutsche Bank National Trust Company v. Burley (E.D. Cal.):
Second Circuit Affirms Cayuga Immunity from Seneca County Tax Foreclosure Relying on Bay Mills Decision
Here are the materials in Cayuga Indian Nation v. Seneca County:
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.
Federal Court Rules Tribal Officers Not Immune; Tort Claims May Proceed against Tribal Police (Black v. US)
This is the third ruling in Black v. United States (W.D. Wash.):
53 Joint Tribal Motion to Dismiss
Claims against the tribes are dismissed. The court dismissed Kitsap County here. And the US here.
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