Category Archives: sovereign immunity
Federal Court Rules in Favor of Stillaguamish Tribe in Dispute with State of Washington over Apparent/Actual Authority to Waive Tribal Immunity
Here are the materials in Stillaguamish Tribe of Indians v. State of Washington (W.D. Wash.): 26 State Motion for Summary Judgment 28 Tribe Motion for Summary J 33 Tribe Response 37 State Response 41 State Reply 42 Tribe Reply 44 DCT … Continue reading →
Here is the opinion. An excerpt: “There are reasons to doubt the wisdom of perpetuating the doctrine” of tribal immunity. Kiowa Tribe of Oklahoma v. Mfg. Techs., Inc., 523 U.S. 751, 758 (1998). It “can harm those who are unaware … Continue reading →
Here are the materials in Osceola Blackwood Ivory Gaming Group LLC v. Picayune Rancheria of Chukchansi Indians (E.D. Cal.): 8 Motion to Dismiss 12 Response 14 Reply 18 DCT Order
Here: Alabama-Quassarte Tribal Town Opening Brief Case materials here.
Here are the materials in Labatte v. United States (Fed. Cl.): 9 US Motion to Dismiss 10 Response 16 Reply 17 Surreply 25 DCT Order
Tenth Circuit Denies Utility/Pipeline Company En Banc Petition; Cert Petition Likely; Trump Admin. May Change Position on Case to Appease Pipeline Company
Here are the materials in Public Service Company of New Mexico v. Barboan: PSCNM En Banc Petition Transwestern Pipeline Company Amicus Brief CA10 Order on En Banc Review PSCNM Motion for Stay Prior posts here.
Here is the opinion in the consolidated appeal captioned Modoc Lassen Indian Housing Authority v. United States Department of Housing and Urban Development. An excerpt from the lead opinion: These consolidated appeals arise from a government agency’s decision to recapture, via administrative offset, … Continue reading →
Here is the unpublished opinion in Northern New Mexicans Protecting Land Water and Rights v. United States. Briefs here.
Here are the materials in Ireson v. AVI Casino Enterprises (D. Nev.): 8 Motion to Dismiss 11 Response 16 Reply 21 DCT Order
Here are the materials so far in Alexander v. New York (N.D. N.Y): 1 Complaint 4 Magistrate Order