tribal sovereign immunity

Title VII Claim against Cherokee Nation-Owned Company Proceeds

Matthew L.M. Fletcher

Here are the materials so far in Nepomuceno v. Cherokee Medical Services (S.D. Cal.):

4 CMS Motion to Dismiss

10 Nepomuceno Opposition

11 CMS Reply

16 DCT Order Denying Motion

An excerpt:

CMS has not come forward with any evidence of how CMS was formed, who owns CMS, how CMS is managed, and where profits from the business go. Therefore, CMS has not established that it is an arm of the Cherokee Nation entitled to tribal sovereign immunity from suit, and the Court denies CMS’s motion to dismiss for lack of subject matter jurisdiction. CMS may reassert tribal sovereign immunity in a motion for summary judgment. However, any such motion should not be filed until Plaintiff has had the opportunity to conduct adequate discovery on the issue.

Timbisha Shoshone BIA Election Dispute Materials in IBIA — Updated 10/29/13

Matthew L.M. Fletcher1 Comment

Here, from the Indian Law Resource Center:

application/pdf icon Notice of Appeal – Superintendent Decision regarding Secretarial Election
application/pdf iconNotice of Appeal – Regional Director Decision regarding Secretarial Election

application/pdf icon Appeal of Superintendent Decision with Appendix
application/pdf icon Notice of Appeal – Regional Director Decision with Appendix

And here also:

Susan Masten ILRC

UPDATE — still more materials:

2013-10-24 – Objection To List Of Eligible Voters For Timbisha Shoshone Tribe Secretarial Election Scheduled For November 4, 2013(81311642_1)(81323482_1)

2013-10-25 – Further Objection To List Of Eligible Voters For Timbisha Shoshone Tribe Secretarial Election Scheduled For November 4, 2013(81317063_1)(81323437_1)

Earlier federal court materials here.

Bay Mills Indian Community Merits Brief

Matthew L.M. Fletcher

Here:

BMIC Brief

 

Tenth Circuit Materials in Cheyenne and Arapaho Tribes v. First Bank and Trust Co.

Matthew L.M. Fletcher1 Comment

Here:

7-12-13 Appellants’ Opening Brief w-Attachments and Index of Appendix (Doc 01019090767 filed 7-12-13)

8-14-13 Answer Brief of Appellees First Bank and Doug Haught (Doc 01019109189)

9-27-13 Notice of Supplemental Authority (Bittle v Bahe) letter to Circuit Clerk

Lower court materials here.

Sac and Fox Nation SCT Decides Sovereign Immunity Matter involving Contract Arbitration Clause

Matthew L.M. Fletcher1 Comment

Here is the opinion in United Planners Financial Services of America v. Sac and Fox Nation:

Order APL-12-01

An excerpt:

There is nothing in the record indicating that the Business Committee met, voted, and approved by resolution or otherwise any specific arbitration clause with Broker or approved any broker agreement, by reference to a specific agreement, which contained an arbitration clause. We do not find any error with the District Court’s finding that authorized representatives of the Nation did execute the broker agreements with Broker. This is because certain officials of the Nation were authorized by resolution to “sell, assign and endorse for transfer, certificates representing stocks, bonds, or other securities now registered or hereafter registered in the name of this corporation.” (App. Rec. at 85-88). But this general approval to engage in broker activities does not rise to the level of an express approval of any arbitration clause or waiver of tribal sovereign immunity. Thus, while we find that the broker agreements were validly approved by the Nation, we do not find valid approval of the arbitration clause that would subject the Nation to be compelled to arbitrate.

Federal Dismisses Robison Rancheria Disenrollee Complaint without Prejudice

Matthew L.M. Fletcher1 Comment

Here is the order in Harrison v. Robinson Rancheria Band of Pomo Indians Business Council (N.D. Cal.):

DCT Order Dismissing Complaint wo Prejudice

Briefs are here.

Complaint is here.

Wrongful Termination Suit against Gila River Indian Community Dismissed

Matthew L.M. Fletcher

Here are the materials in Sears v. Gila River Indian Community (D. Ariz.):

12 GRIC Motion to Dismiss

13 Sears Response

14 GRIC Reply

20 DCT Order Dismissing Complaint

Federal Court Dismisses Miccosukee Tribe’s RICO Suit against Billy Cypress, Former Leaders & Former Lawyers

Matthew L.M. Fletcher5 Comments

Here are the updated materials:

140 Lewis Tein Reply

143 Lehtinen Reply

144 Hernandez Reply

145 Cypress Motion to Strike

146 Cypress Reply

155 Miccosuke Response to Motion to Strike

281 DCT Order Granting Motion to Strike

282 DCT Order Dismissing Complaint

An excerpt:

“No one fights dirtier or more brutally than blood; only family knows its own weaknesses, the exact placement of the heart.” Whitney Otto, How to Make an American Quilt (1991). Whitney Otto’s quote seems a particularly apt description of the emotionally and politically charged litigation, occurring in multiple judicial venues, between the named parties, whom include the following.

Motions to dismiss were here.

Miccosukee’s responses were here.

Second amended complaint here.

Arizona Supreme Court Declines to Review Shirk v. Lancaster — ISDEAA Immunity Case Favoring Tribal Interests

Matthew L.M. Fletcher

Here:

Arizona SCT Order

Petition for review briefs here.

Arizona COA materials here and here.

Trial court materials here:

(2008) 09.24.08 Order Granting MTD as to GRIC Dfndnts

2011 11.30.11 ME Under Advisement Ruling

Federal Court Rules in Favor of Pueblo of Santa Ana in Challenge to Alleged Waiver of State Court Immunity in Gaming Compact

Matthew L.M. Fletcher1 Comment

Here are the materials in Pueblo of Santa Ana v. Nash (D. N.M.):

52 — Pueblo Motion for Summary J

55 — Judge Nash Response

63 — Pueblo Reply to Judge Nash

65 — Mendoza Response

69 — Pueblo Reply to Mendoza

90 — DCT Order

91 — Judgment

An excerpt:

Specifically, the Court hereby enters a declaration that the Indian Gaming Regulatory Act, 25 U.S.C. § 2701, et seq. (“IGRA”) does not authorize an allocation of jurisdiction from tribal court to state court over a personal injury claim arising from the allegedly negligent serving of alcohol on Indian land, and further that the New Mexico State District Court does not have jurisdiction in the case of Gina Mendoza, Michael Hart and Dominic Montoya v. Tamaya Enterprises, Inc., d/b/a Santa Ana Star Casino, CIV 2007-005711 (“underlying state court litigation”).

Prior federal court order and materials here.