Tag Archives: tribal tort claims act

SG Recommends GVR in Poarch Band v. Wilkes

Here is the brief: sg-invitation-brief-1.pdf An excerpt: This brief is submitted in response to the Court’s order inviting the Solicitor General to express the views of the United States. After the petition for a writ of certiorari was filed, amendments … Continue reading

Posted in Author: Matthew L.M. Fletcher, Research, sovereign immunity, Tribal Codes, tribal courts | Tagged , , , , ,

Casino Patron Brings Federal Suit over Interpretation of Tribal Tort Claims Act

Here is the complaint in Wilson v. Umpqua Indian Development Corporation (D. Or.): 1 Complaint 1-7 Tribal Court Decision Update: 15 Motion to Dismiss

Posted in Author: Matthew L.M. Fletcher, Indian gaming, Research, sovereign immunity, Tribal Codes, tribal courts | Tagged , , , ,

California Court of Appeals Orders Depublication of Cosentino Opinion

Here: Cosentino Depublication briefs here, here, and here. Opinion here.

Posted in Author: Matthew L.M. Fletcher, gaming, Research, sovereign immunity | Tagged , , , , , , , , | 1 Comment

Civil Rights Suit against Nisqually Jail Officials Dismissed for Failure to Exhaust Tribal Remedies

Here are the materials in Hardie v. Nisqually Corrections Superintendent (W.D. Wash.): 18 Nisqually Motion to Dismiss 22 Magistrate R&R 25 DCT Order

Posted in Author: Matthew L.M. Fletcher, Research, sovereign immunity, tribal courts | Tagged , , , ,

Another Update in Cosentino v. Fuller Depublication Request

Here: Defendants’ Request for Depublication Oppo to Viejas Band’s Depub Request Opposition to Request of Defendants to Depublish Opposition to Request of Group of 13 Prior depublication-related posts here and here. Cal. COA opinion here.

Posted in Author: Matthew L.M. Fletcher, gaming, IGRA, Research, sovereign immunity | Tagged , , , , , , , , | 1 Comment

Additional Request to Depublish Cosentino v. Fuller

Here (from the Viejas Band of Kumeyaay Indians): Request for Depublication 07 14 15 Prior request for depublication here.

Posted in Author: Matthew L.M. Fletcher, gaming, Research, sovereign immunity | Tagged , , , , , , , , | 2 Comments

California Tribes Seeking Depublication of Cosentino v. Fuller

Here is the request to the California Supreme Court for depublication of Cosentino v. Fuller (Cal. Ct. App.) submitted by thirteen California Indian tribes: Cosentino Request for Depublication – File Endorsed Here’s an excerpt: Here, it is undisputed that Plaintiff’s … Continue reading

Posted in Author: Matthew L.M. Fletcher, gaming, Research, sovereign immunity | Tagged , , , , , , , | 4 Comments

California Appellate Court Issues Slightly Modified Opinion in Cosentino v. Fuller

Here: Amended Opinion Motion for rehearing here. Panel materials here.

Posted in Author: Matthew L.M. Fletcher, gaming, Research, sovereign immunity | Tagged , , , , , , | 2 Comments

California Tribes Seek Rehearing Or Depublication Of Official Immunity Ruling

Here are the materials: Petition for Rehearing Cosentino – Application and Amicus Brief Here’s a snippet from the petition: The Opinion effectively holds that the Tribe’s Gaming Commission lacks authority to revoke a gaming license unless it cites to reasons … Continue reading

Posted in Author: Matthew L.M. Fletcher, gaming, Research, sovereign immunity | Tagged , , , , , , | 1 Comment

California Appeals Court Holds Pechanga Casino Officials May Be Sued in Employment Action

Here is the opinion in Cosentino v. Fuller: Opinion An excerpt: For sovereign immunity to apply, the claims against tribal officials must be based on actions the officials took in their  official capacity and within the scope of their official … Continue reading

Posted in Author: Matthew L.M. Fletcher, gaming, Research, sovereign immunity | Tagged , , , , , , | 2 Comments