tribal sovereign immunity

Florida COA Holds Premature Tort Claim Against Seminole Does Not Foreclose Later Claim within Limitations Period

Matthew L.M. Fletcher

Here are the materials in Seminole Tribe of Florida v. Pupo (Fla. Ct. App.):

Opinion.pdfDownload
Opening Brief.pdfDownload
Answer Brief.pdfDownload
Reply Brief.pdfDownload

North Carolina Federal Court Dismisses Employment Action against Harrah’s EBCI Casino [Rule 19]

Matthew L.M. Fletcher

Here are the materials in Peterson v. Harrah’s NC Casino Company LLC (W.D. N.C.):

1 Complaint.pdfDownload
16 Motion to Dismiss.pdfDownload
18 Opposition.pdfDownload
19 Reply.pdfDownload
24 Surreply.pdfDownload
25 DCT Order.pdfDownload

Washington COA Holds Swinomish Golf Course Possesses Immunity

Matthew L.M. Fletcher

Here are the materials in Howson v. Similk Inc.:

Unpublished Opinion.pdfDownload
846281 Appellant Richard Howson’s.PDFDownload
846281 Respondent ‘s.PDFDownload
846281 Appellant ‘s Reply.PDFDownload

SCOTUS Denies Stay in West Flagler Suit

Matthew L.M. Fletcher

Here are the materials in West Flagler Associates Ltd. v. Haaland:

Application for Stay

Federal Response

Order Denying Stay + Kavanaugh Statement

Seminole Letter

Lower court materials here.

California COA Affirms Application of Sovereign Immunity in Employment Termination Dispute

Matthew L.M. Fletcher

Here is the unpublished opinion in Mapp v. Viejas Band Of Kumeyaay Indians (Cal. Ct. App.):

Opinion.PDFDownload

An excerpt:

Mapp’s claims in this case relate to his employment by the Band and its potential termination based on the Band’s provision of a conditional license via its officials. He seeks to allege a violation of Family Code section 5290, which permits assessment of a civil penalty against an “employer” for specified conduct.9 That remedy and any judgment would be expressly against the Band. Mapp’s other damages related to negative employment decisions likewise would effectively obligate the Band, not personally the individuals who were implementing the Band’s gaming license rules and conditions. In short, the Band is the real party in interest, and sovereign immunity extends to the individual defendants.

Ninth Circuit Briefs in Williams & Cochrane v. Rosette

Matthew L.M. Fletcher

Here:

Williams & Cochrane Opening Brief.pdfDownload
Rosette Answer Brief.pdfDownload
W&C Reply.pdfDownload

Prior posts here and here.

California Federal Court Dismisses Suit by Treatment Center against Salt River

Matthew L.M. Fletcher

Here are the materials in Dedicato Treatment Center Inc. v. Salt River Pima Maricopa Indian Community (C.D. Cal.):

22 DCT Order Dismissing under Rule 19.pdfDownload
24 First Amended Complaint.pdfDownload
36-1 Motion to Dismiss.pdfDownload
38 Opposition.pdfDownload
39 Reply.pdfDownload
40-1 Motion for Sanctions.pdfDownload
42 DCT Order.pdfDownload

Borrower Class Prevails over Tribal Lending Operation’s (former?) Partner in Virginia Federal Court

Matthew L.M. Fletcher

Here are the materials in Williams v. Big Picture Loans LLC (E.D. Va.):

1166 Williams MSJ.pdfDownload
1206 Opposition.pdfDownload
1241 Reply.pdfDownload
1406 DCT Order.pdfDownload

Prior posts here.

Eleventh Circuit Briefs in Muscogee (Creek) Nation v. Rolin [Hickory Creek]

ilpc

Here:

MCN Brief.pdfDownload
PBCI Brief.pdfDownload
US Brief.pdfDownload
Auburn Brief.pdfDownload

Reply brief TK

Lower court materials here.

Florida COA Orders Dismissal of Casino Patron Tort Claim brought under Gaming Compact

Matthew L.M. Fletcher

Here is the opinion in Seminole Tribe of Florida v. Webster:

Opinion.pdfDownload