Western District of Washington

Ninth Circuit Briefs in Lexington Insurance v. Suquamish

Matthew L.M. Fletcher

Here:

Lexington Opening Brief.pdfDownload
Suquamish Answer Brief.pdfDownload

Reply TK.

Lower court materials here.

Sauk-Suiattle v. Seattle Cert Petition

Matthew L.M. Fletcher

Here:

Cert Petition.pdfDownload

Questions presented:

  1. Is the court-created “futility” doctrine, which allows a United States court to decide a case removed from state court even though it lacks jurisdiction, repugnant to Article III of the Constitution?
  2. Does application of the so-called “futility” doctrine by a United States court to decide a case over which it lacks jurisdiction contravene 28 U.S.C. 1447(c), the plain language of which requires remand of the cause to the state court from which it was removed?
  3. Should the Supreme Court grant certiorari to reconcile a conflict among the circuit courts of appeal regarding the validity of the futility doctrine?

Lower court materials here.

Washington Federal Court Holds that Railroad is Liable for Trespass on Swinomish Lands

Matthew L.M. Fletcher

Here are the available trial materials from Swinomish Indian Tribal Community v BNSF Railway Company (W.D. Wash.):

207 Swinomish Trial Brief

208 BNSF Trial Brief

And here is the judge’s decision:

216-dct-orderDownload

Prior post here.

Washington Federal Court Dismisses Constitutional Challenge to Washington Class III Compacts Allowing Tribal Sports Betting

Matthew L.M. Fletcher
DALL-E’s interpretation of “tribal sovereign immunity”

Here is the order in Maverick Gaming LLC v. United States (W.D. Wash.):

98-dct-orderDownload

Briefs here.

United States Brings CERCLA Action Involving Lower Duwamish River on behalf of Muckleshoot and Suquamish and others

Matthew L.M. Fletcher

Here is the complaint in United States v. Lynden Inc. (W.D. Wash.):

1 Complaint.pdfDownload

Washington Federal Court Declines to Expand Stillaguamish Fishing Territory

Matthew L.M. Fletcher

Here are the materials in United States v. Washington, subproceeding 17-03 (W.D. Wash.):

271 Upper Skagit Rule 52c Motion.pdfDownload
273 Tulalip Response.pdfDownload
288 Stillaguamish Brief.pdfDownload
289 Squaxin Island Brief.pdfDownload
290 Skokomish Brief.pdfDownload
291 Sklallam Tribes Brief.pdfDownload
292 Nisqually Brief.pdfDownload
293 Swinomish Brief.pdfDownload
295 Tulalip Brief.pdfDownload
298 Upper Skagit Brief.pdfDownload
312 DCT Order.pdfDownload

Prior posts here, here, and here.

Ninth Circuit Panel Affirms City of Seattle’s Removal of Sauk-Suiattle Dam Suit to Federal Court, Asks for En Banc Review of Circuit Precedent on Removal . . . Good for procedure nerds, I’m sure.

Matthew L.M. Fletcher

Here is the opinion in Sauk-Suiattle Indian Tribe v. City of Seattle.

Briefs here.

Impressionist painting of the removal of a state court complaint to federal court — DALL-E

Sauk-Suiattle Sues State over Taxes

Matthew L.M. Fletcher

Here is the complaint in Sauk-Suiattle Indian Tribe v. Ryser (W.D. Wash.):

1 Complaint.pdfDownload

Update in Maverick Gaming Challenge to IGRA — New Venue and Rule 19 Motion to Dismiss

Matthew L.M. Fletcher

Here are the new materials in Maverick Gaming LLC v. United States (W.D. Wash.):

66 Amended Complaint.pdfDownload
68-1 Shoalwater Motion to Dismiss.pdfDownload
85 Shoalwater Bay MTD.pdfDownload
95 State Brief Supporting Rule 19 Dismissal.pdfDownload
96 Opposition to Rule 19 Dismissal.pdfDownload

97 Reply

Prior post here.

Shoalwater Bay is serious.

Ninth Circuit Materials in Tribal Challenge to Seattle’s Dams

Matthew L.M. Fletcher

Here are the briefs in Sauk-Suiattle Indian Tribe v. City of Seattle:

Opening Brief.pdfDownload
Answer Brief.pdfDownload
Reply.pdfDownload
Appellant Supplemental Brief.pdfDownload
Appellee Supplemental Brief.pdfDownload

Lower court materials here.