tribal sovereign immunity

Opening Brief in Okla. SCT Case — 1st to Address Federal Injunction against State Court Assertion of Jurisdiction over Tribal Casinos

Matthew L.M. Fletcher

Here is the opening brief in Sheffer v. Buffalo Run Casino:

Sheffer Opening Brief.

 

Florida Dram Shop Action against Miccosukee Tribe Dismissed

Matthew L.M. Fletcher

Here is the opinion and selected materials from Furry v. Miccosukee Tribe (S.D. Fla.):

DCT Order Dismissing Furry Complaint

Miccosukee Motion to Dismiss Furry Complaint

Furry Response to Motion to Dismiss

Miccosukee Response to Motion for Discovery on Grounds for Sovereign Immunity

Federal Court Dismisses Effort to Block Rincon Eviction of Non-Indian (Alleged) Trespassers

Matthew L.M. Fletcher

Here are the materials in Rogers-Dial v. Rincon Band of Luiseno Indians (S.D. Cal.):

DCT Order Dismissing Rogers-Dial Complaint

Rogers-Dial Motion for PI — Part 1

Rogers-Dial Motion for PI — Part 2

Rogers-Dial Motion for PI — Part 3

Rincon Motion to Dismiss

We posted the complaint here.

Federal Judge Enjoins Seminole Tribe Eviction of Hollywood Mobile Estates

Matthew L.M. Fletcher

Here are the materials in this stage of a long saga — Hollywood Mobile Estates v. Cypress (S.D. Fla.):

DCT Order Granting Hollywood Mobile Estates Motion

Hollywood Mobile Estates Motion for PI

Seminole Opposition

Here is a news article via Pechanga.

Modoc Business Entity Petition for Review in California Supreme Court re: Immunity Issue

Matthew L.M. Fletcher

Here is the petition in MTE Financial Services v. Alameda County Superior Court:

MTE Financial Services v Superior Court Petition for Review

Sac and Fox SCT Holds Gaming Equipment Contract is Void Management Contract; No Valid Immunity Waiver

Matthew L.M. Fletcher1 Comment

Here is the opinion in New Gaming Systems v. Sac and Fox Nation:

NGS SC Opinion

New Mexico Supreme Court Holds State Dram Shop Actions Apply to Tribal Enterprises

Matthew L.M. Fletcher5 Comments

Here is the opinion in Mendoza v. Tamaya Enterprises, Inc. News article here.

Along with Oklahoma, New Mexico is one of the few states to allow state law dram shop actions against tribal businesses. And, along with Oklahoma, the reasoning behind the decision is tied to the state-specific jurisdictional scheme created in the tribal gaming compacts.

Jackson Band Miwok Wins Dismissal of Age Discrimination Complaint (On Reconsideration)

Matthew L.M. Fletcher

Here is the order and motion to reconsider:

Jackson Band Motion for Reconsideration

DCT Order on Reconsideration

And the previous order declining to dismiss (and relevant briefs) are here.

Federal Court Denies Right to Proceed in Claim against Poarch Creek Casino

Matthew L.M. Fletcher

Here are the materials in Allman v. Creek Casino Wetumpka (M.D. Ala.):

Magistrate Recommendation on Motion to Proceed In Forma Pauperis

DCT Order Adopting Magistrate Report

Navajo Nation Moves to Intervene in Environmental Suit to Protect Navajo Mine Interests

Matthew L.M. Fletcher1 Comment

Here are the materials in Center for Biological Diversity v. Pizarchik (D. Colo.):

Amended_Motion_to_Intervene_CBDv.U.S.&BHP

Ex.A_Dismiss

Ex.B_Shelly

Ex.C_Cicchetti