Category Archives: sovereign immunity

Washington COA Dismisses Two Challenges to Swinomish Civil Forfeiture under Rule 19

Here is the unpublished opinion in Washington v. Director of the Dept. of Licensing. An excerpt: After losing her vehicle to the Swinomish Tribe in civil forfeiture, Washington filed this suit against the Department of Licensing and unnamed Swinomish police … Continue reading

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

Ninth Circuit Affirms Dismissal of Tort Claim against Rocky Boy’s

Here is the unpublished opinion in Eagleman v. Rocky Boy’s Chippewa-Cree Business Committee or Council. Briefs here. Lower court materials here. Oral argument video here.

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Georgia Appellate Court Vacates Arbitration Award against Guidiville Band of the Pomo Indians

Here is the opinion in Churchill Financial Management Corp. v. ClearNexus Inc. (Ga. Ct. App.): Ga Ct App Opinion An excerpt: Most courts that have addressed this issue have determined that tribal sovereign immunity extends to entities known as chartered … Continue reading

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

Ninth Circuit Decides Comenout v. Whitener (Rule 19, tribal immunity)

Here is the unpublished order. Briefs: Opening Brief Answer Brief Reply Brief Lower court materials: 19 Motion to Dismiss 21 Response 24 Reply 25 DCT Order  

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Federal Circuit Rejects Wyandot Nation of Kansas Trust Claims

Here is the opinion in Wyandot Nation of Kansas v. United States. An excerpt: The Wyandot Nation of Kansas (“Wyandot Nation”) is a Native American tribe allegedly tracing its ancestry to the Historic Wyandot Nation. It claims to be a federally recognized Indian … Continue reading

Posted in Author: Matthew L.M. Fletcher, Research, sovereign immunity, trust relationship | Tagged , , | Leave a comment

New York Appellate Division Vacates Money Judgment against Unkechaug Indian Nation

Here is the opinion in Aron Security Inc. v. Unkechaug Indian Nation (N.Y.A.D.): Aron Security v. Unkechauge An excerpt: The plaintiff security company entered into a services contract with the defendant, the Unkechaug Indian Nation. Upon the defendant’s alleged failure … Continue reading

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Contract Breach Action against Pinoleville Pomo Nation

Here are the materials so far in Forster-Gill Inc. v. Pinoleville Pomo Nation First Amended Complaint Motion to Quash Opposition to Motion to Quash Reply to Motion to Quash

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Federal Court Orders More Briefing on Ownership Liability in CERCLA Suit Involving Navajo Reservation Uranium Mining

Here are the materials in El Paso Natural Gas Co. LLC v. United States (D. Ariz.): 114 Plaintiff Motion for Summary J 119 US Response 123 Reply 128 DCT Order An excerpt: Plaintiff El Paso Natural Gas Company brought suit … Continue reading

Posted in Author: Matthew L.M. Fletcher, Environmental, Research, sovereign immunity | Tagged , , , , | Leave a comment

Tenth Circuit Remands Great Plains Lending Dispute for Jurisdictional Discovery on Immunity Defense

Here is the unpublished opinion in Finn v. Great Plains Lending LLC. Briefs and other materials here.

Posted in Author: Matthew L.M. Fletcher, economic development, Research, sovereign immunity | Tagged , , , | 1 Comment

Nooksack Kelly Faction Files Notice of Appeal in Rabang v. Kelly; IHS Reassumes Services “Effective Immediately”

Here is the notice of appeal: Notice of Appeal And the IHS letter: May 16 Letter from IHS to Robert Kelly Jr

Posted in Author: Matthew L.M. Fletcher, Research, sovereign immunity, tribal membership, trust relationship | Tagged , , , | Leave a comment