Western District of Oklahoma

Federal Court Squarely Enjoins Oklahoma Courts from Exercising Jurisdiction over Tort Claims under Compact

Matthew L.M. Fletcher1 Comment

Here is Tuesday’s judgment in the Chickasaw/Choctaw case: 2010-06-29 (38) Judgment.

Eastern Shawnee Tribe Also Awarded Injunction against Oklahoma Courts in Gaming Compact Disputes

Matthew L.M. Fletcher

Here is the opinion: Eastern Shawnee Tribe v. State of Oklahoma.

The Tribe’s motion for summary J and its complaint were posted earlier today here.

Eastern Shawnee Complaint and Motion for Summary J in Gaming Compact Arbitration Case

Matthew L.M. Fletcher1 Comment

Similar to the Chickasaw and Choctaw case we noted last week.

Here are the materials in Eastern Shawnee Tribe v. Oklahoma:

2010172 – ESTOO v. OK – Complaint – FILE-STAMPED 5.4.10 – 1 –

2014075 – ESTOO v. OK – Plaintiff ESTOOs Motion for Summary J

Choctaw and Chickasaw Nations Win Injunction against Oklahoma Courts for Accepting Jurisdiction over Claims under their Gaming Compact

Matthew L.M. Fletcher

Here is the order in Choctaw Nation and Chickasaw Nation v. State of Oklahoma (W.D. Okla.): choctawchickasaworder.

If you’ll recall, the Oklahoma Supreme Court in a series of cases held that state courts were “courts of competent jurisdiction” to take jurisdiction over tort claims brought under a Class III gaming compact approved by Oklahoma voters and, later, several Oklahoma tribes.

Oklahoma tribes (with the State consenting) then invoked the arbitration provision of the compacts, arguing the Supreme Court had violated the terms of the compact. They were successful.

This federal suit followed. Very interesting case.

Bolt v. Iowa Enterprises — Immunity from Title VII Claim

Matthew L.M. Fletcher

Here are the materials in this case from the Western District of Oklahoma:

DCT Order Dismissing Bolt Claim

Iowa Enterprises Motion to Dismiss

Bolt Response

Iowa Enterprises Reply

Iowa Tribe Employee Motion to Dismiss

Bolt Response to Employee

Title VII and ADEA Claims against Cherokee Business Dismissed

Matthew L.M. Fletcher2 Comments

Here are the materials in Somerlott v. Cherokee Nation Distributors (W.D. Okla.):

CND Motion to Dismiss

Somerlott Response

CND Reply

CND Notice of Supplemental Authority

DCT Order Dismissing Title VII and ADEA Claims

Kiowa Casino Operating Authority Dismissed from Contract Arbitration

Matthew L.M. Fletcher1 Comment

The case is Swanda Brothers Inc v. Chasco Constructors Ltd LLP (W.D. Okla.). Here are the materials:

DCT Order Dismissing KCOA

KCOA Motion to Dismiss

Chasco Response

KCOA Reply

Section 1983 Claim against Tribal Police Dismissed

Matthew L.M. Fletcher

Here are the materials in Ouart v. Fleming (W.D. Okla.):

Defendant’s Motion for Summary Judgment

Co-Defendants’ Motion to Dismiss

Plaintiff’s Response

DCT Order Granting Motion

Federal Court Declines to Dismiss Contract Claim against Iowa Tribe

Matthew L.M. Fletcher

The court found that whether the tribe waived immunity was a factual dispute.

Morgan Buildings & Spas v. Iowa Tribe

28 U.S.C. 1362 Doesn’t Waive Tribal Sovereign Immunity

Matthew L.M. Fletcher

Well, someone was bound to try it. 🙂

Turner v. McGee (N.D. Okla.)

An excerpt:

Petitioner, a member of the Kiowa Tribe, has brought this pro se action seeking injunctive relief against four administrative law judges employed by the Bureau of Indian Affairs. Respondents as administrative law judges preside over cases brought before the Court of Indian Offenses for the Kiowa Tribe. Petitioner seeks injunctive relief relative to decisions rendered by respondents while acting in their official capacities as administrative law judges.
Indian tribal governments, such as the Kiowa Tribe, enjoy immunity from suit the same as any other sovereign power. Tribal governments are subject to suit only where suit has been expressly authorized by Congress or the tribe has waived its immunity. * * *