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

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Florida COA Affirms Tribal Immunity Defense in Miccosukee Tribe v. Lewis & Tein 

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

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Federal Court Dismisses Gaming Contract Breach against Picayune Rancheria

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

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Tenth Circuit Briefs in Alabama-Quassarte Tribal Town v. United States

Here: Alabama-Quassarte Tribal Town Opening Brief Case materials here.

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Tucker Act Breach Claim against US over Keepseagle Settlement Dismissed

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

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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.

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Split Tenth Circuit Panel Rules HUD Illegally Recaptured NAHASDA Funds but Tribes Cannot Recover

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

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Tenth Circuit Affirms Dismissal of Challenge to San Ildefonso Pueblo Land Rights

Here is the unpublished opinion in Northern New Mexicans Protecting Land Water and Rights v. United States. Briefs here.

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Federal Court Dismisses Slip and Fall Action against Fort Mojave Indian Tribe’s Casino Operations

Here are the materials in Ireson v. AVI Casino Enterprises (D. Nev.): 8 Motion to Dismiss 11 Response 16 Reply 21 DCT Order

Posted in Author: Matthew L.M. Fletcher, Indian gaming, Research, sovereign immunity, Tribal Codes | Tagged , , , , | Leave a comment

Federal Magistrate Recommends Section 1983 Suit against NY Oneida Police Proceed

Here are the materials so far in Alexander v. New York (N.D. N.Y): 1 Complaint 4 Magistrate Order

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