Category Archives: sovereign immunity

Federal Court Dismisses Contract Claim against Alaska Tribe

Here are the materials in Alaska Logistics LLC v. Newtok Village Council (D. Alaska): 1 complaint 6 answer and counterclaims 19 tribe motion to dismiss 25 answer to counterclaims and counterclaims to counterclaims 28 motion to strike 29 opposition to … Continue reading

Posted in Author: Matthew L.M. Fletcher, economic development, Research, sovereign immunity | Tagged , ,

St. Regis Mohawk v. Mylan Pharma Cert Petition

Here: cert-petition-1.pdf Question presented: Whether inter partes review before the Patent Trial and Appeal Board is the type of proceeding in which tribal sovereign immunity may be asserted. Lower court materials here

Posted in Author: Matthew L.M. Fletcher, economic development, Research, sovereign immunity, Supreme Court | Tagged , , , , ,

Employment Claim against Alaska Native Tribal Health Dismissed

Here are the materials in Barron v. Alaska Native Tribal Health Consortium (D. Alaska): 1 notice of removal 1-1 complaint 10 motion to dismiss 12 response 13 reply 2019 01 02 barron decision

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

Tenth Circuit Denies En Banc Petition in Enable Oklahoma Intrastate Transmission LLC v. A 25 Foot Wide Easement

Here are the materials: En Banc petition Unopposed Motion for Atty Fees Order Denying En Banc Petition Order Granting Atty Fees Other posts here.

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

Connecticut Court Holds Tribal Business is Immune from State Dept. of Banking Authority

Here are the materials in Great Plains Lending LLC v. State of Connecticut Dept. of Banking (Conn. Super.): Appeal Amended Complaint Department’s Motion to Dismiss Great Plains Objection to MTD Superior Ct Order Denying Motion to Dismiss Great Plains Brief … Continue reading

Posted in Author: Matthew L.M. Fletcher, economic development, Research, sovereign immunity | Tagged , ,

Cayuga Indian Nation Prevails in Tax Immunity Dispute with Seneca County

Here are the materials in the long-running Cayuga Indian Nation v. Seneca County (W.D. N.Y.): 58 Cayuga Motion for Summary Judgment 60-5 Seneca County MSJ 62 Cayuga Reply 67 Seneca County Reply 76 DCT Order Prior posts here.

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

Seventh Circuit Affirms Dismissal of Employment Action against Oneida Housing

Here are the materials in Delebreau v. Danforth: Opinion Opening Brief Response Brief Reply Lower court materials here.

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

Federal Court Dismisses Counterclaim to Tribal Land Claim

Here are the materials in Oneida Indian Nation v. Phillips (N.D. N.Y.): 1-complaint4.pdf 17-answer-counterclaim.pdf 24-2-tribe-motion-to-dismiss-counterclaim.pdf 27-response.pdf 28-reply.pdf 30-dct-order1.pdf

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

Student Scholarship on the Allergan/Mohawk Case

Seth W. R. Brickey has published “Rent-A-Tribe: Using Tribal Immunity to Shield Patents from Administrative Review” in the Washington Law Review. Here is the abstract:  In 2017, Allergan Pharmaceuticals entered into an agreement with the Saint Regis Mohawk Tribe (SRMT). Allergan … Continue reading

Posted in Author: Matthew L.M. Fletcher, economic development, Scholarship, sovereign immunity | Tagged , ,

Federal Court Dismisses Workers’ Comp Claim against Northern Circle Indian Housing Authority

Here are the materials in Luiz v. Northern Circle Indian Housing Authority (N.D. Cal.): 1 Habeas Petition 8 Motion to Dismiss 12 Response 14 Reply 16 DCT Order

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