Category Archives: sovereign immunity
Here is the unpublished opinion: 17-35336 docket 47_6.18.2018 Briefs here.
Here are the materials in Deschutes River Alliance v. Portland General Electric Company (D. Or.): 74 Motion to Dismiss 76 Response 78 Reply 103 DCT Order
Here are the materials in Williams & Cochrane LLP v. Quechan Tribe of the Fort Yuma Reservation (S.D. Cal.): 50-1 motion to dismiss 51-1 motion to disqualify 53-1 rosette motion to dismiss 73 williams response to 50 74 williams response … Continue reading →
Here are the materials in Delebreau v. Danforth (E.D. Wis.): 39 motion to dismiss 45 response 48 opposition 49 reply 56 dct order
Gregory Ablavsky has posted “Upper Skagit v. Lundgren: Deceptively Straightforward Case Raises Fundamental Questions about Native Nations, History, and Sovereignty” on Stanford Law School’s blog. Here are excerpts: This decision provoked the ire of Justice Thomas, who, in a lengthy … Continue reading →
Here: Opening Brief Answer Brief
The Upper Skagit Court’s restraint Monday is appreciated in Indian Country. A “hornbook” law principle is that tribes need not suffer litigation unless and until either the tribe or Congress expressly says so. Monday’s Upper Skagit opinion affords appropriate time … Continue reading →
Here is the opinion. From Justice Gorsuch’s opinion: Like some courts before it, the Washington Supreme Court read Yakima as distinguishing in rem from in personam lawsuits and “establish[ing] the principle that . . . courts have subject matter jurisdiction … Continue reading →
Federal Court Holds Federal Claims Act Suits against Section 17 Corporations are Suits against the Tribal Owner
Here are the materials in Cain v. Salish Kootenai College (D. Mont.): 90 CSKT Amicus Brief 92 SKC Motion to Dismiss 102 Cain Response 106 Reply 108 DCT Order This case is on remand from the CA9.
Federal Court Dismisses Gaming Developer’s State Law Claims against Apache Tribe, Orders Tribal Court Exhaustion in Others
Here are the materials in FSS Development Company LLC v. Apache Tribe of Oklahoma (W.D. Okla.): 21 motion to stay 22 motion to dismiss 25 response 26 reply 31 dct order