tribal sovereign immunity – Page 94

Colorado Trial Court Quashes Subpoenas and Vacates Bench Warrants in Cash Advance Remand

February 14, 2012February 14, 2012Matthew L.M. Fletcher1 Comment

Here is that opinion:

Order

Here is the Colorado Supreme Court decision remanding the case back to the trial court.

Opening Brief in Washington State Court Appeal re: Jurisdiction Over Tribal Casino Financing

February 13, 2012February 13, 2012Matthew L.M. Fletcher2 Comments

Here is the opening brief in Outsource Services Mgmt LLC v. Nooksack Business Corp.:

670506 Appellant Nooksack Business’s

The issue (from the brief):

This Court should reverse for legal errors the denial of the Nooksack Business Corporation’s motion to dismiss Outsource Services Management LLC’s complaint. The trial court erred when it denied the Nooksack Business Corporation’s motion to dismiss for lack of subject matter jurisdiction, lack of personal jurisdiction and failure to state a claim. Reversal is required to preserve the sovereignty of the Tribe under Washington and federal law and this Court’s jurisprudence regarding jurisdiction, and to comply with the Indian Gaming Regulation Act.

Update in Columbe v. Rosebud Sioux Tribal Court (Suit re Tribal Court Jurisdiction over Nonmember)

February 6, 2012February 6, 2012Matthew L.M. Fletcher1 Comment

Here are the materials in the denial of Columbe’s motions for reconsideration and to hold a trial for a permanent injunction (prior post here, with opinion dismissing plaintiff’s claims):

Columbe Motion for Reconsideration

RST Opposition to Motion for Reconsideration

Columbe Motion for Permanent Injunction

RST Opposition to Motion for Permanent Injunction

DCT Order Denying Motion for Reconsideration

Earliest post here.

Update in Shirk v. Tanakeyowma (ISDEAA Sovereign Immunity Case)

February 6, 2012Matthew L.M. Fletcher3 Comments

Here are the federal government’s pleadings in that case (and all the rest of the materials moved here as well):

Proposed United States’ Amicus Brief

Resp to USA’s Amicus Brief

Brief of Amicus Curiae in Opposition to Pltf.’s Motion to Set Aside Judgment

USA’s Mtn to Dismiss

USA’s Reply on MTD

Order Granting Rule 60 Relief (main opinion)

Under Advisement Ruling

Notice of Appeal

Arizona Court Holds ISDEAA Waives Tribal Immunity in State Court

February 3, 2012February 3, 2012Matthew L.M. Fletcher2 Comments

Here’s the court’s opinion.

An excerpt:

In this case, the GRIC officers were acting in the course and scope of their employment, but off the geographical boundaries of Indian Country. The Federal Tort Claim Act does not apply. Their activities instead fall within the intent of 25 U.S.C. § 450f(c). To the amount of GRIC liability coverage for the Defendants’ law enforcement activities off Indian Country not covered by FTCA, the GRIC has waived its Sovereign Immunity to suit in Arizona. The Court finds persuasive the U.S.A.’s Amicus Brief legal analysis. The Tribe has waived its Sovereign Immunity for the activities of the Defendant Officers in this case.

Federal Court Affirms Great Plains Tribal Chairmen’s Health Board’s Immunity

January 16, 2012January 16, 2012Matthew L.M. Fletcher

Here are the materials:

Opinion affirming immunity

Motion to Dismiss

Opposition

Suit for Royalties in Southern Ute Well Dismissed under Rule 19

January 10, 2012Matthew L.M. Fletcher

Here are the materials in Three Stars Prod. Co. v. BP America (D. Colo.):

DCT Order Dismissing under Rule 19

BP America Rule 19 Motion

Three Stars Response

BP Reply

Connecticut Trial Court Quashes Subpoena of Mohegan and Mashantucket Pequot Tribal Representatives

January 3, 2012Matthew L.M. Fletcher

Here is the order in Davis v. Senibaldi (Conn. Sup. Ct.):

Crowder Subpoena Memo

The tribes and tribal reps are third parties to a dram shop action, and the court held that sovereign immunity required the quashing on the subpoena.

Miccosukee Tribe Loses Non-Intercourse Act Claim in State Eminent Domain Case

January 3, 2012Matthew L.M. Fletcher

Here is the opinion in Miccosukee Tribe of Florida v. Dept. of Environmental Protection (Fla. App.).

Here is an excerpt:

The Miccosukee Tribe of Indians of Florida petitions for a writ of certiorari to quash the trial court’s order that denied its motion for final summary judgment in an eminent domain proceeding based on the Tribe’s alleged sovereign immunity and/or the provisions of the Federal Nonintercourse Act, 25 U.S.C. § 177. In response, the Department of Environmental Protection contends that the three parcels of land at issue, which the Tribe purchased on the open market, are not protected by either the Tribe’s sovereignty or the Nonintercourse Act. Because the Tribe has not shown that the trial court’s ruling departs from the essential requirements of the law, we deny the petition.