Category Archives: sovereign immunity

Ninth Circuit Affirms Dismissal of Skokomish v. Forsman

Here is the unpublished opinion: 17-35336 docket 47_6.18.2018 Briefs here.

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

Federal Court Denies Warm Springs Rule 19 Motion, Holding Clean Water Act Abrogates Tribal Immunity

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

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

Federal Court Dismisses Most Claims in Battle of Law Firms over Quechan Legal Work

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

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Federal Court Dismisses Employee Action against Wisconsin Oneida

Here are the materials in Delebreau v. Danforth (E.D. Wis.): 39 motion to dismiss 45 response 48 opposition 49 reply 56 dct order

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

Greg Ablavsky Commentary on Upper Skagit Decision

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

Posted in Author: Matthew L.M. Fletcher, legal history, Scholarship, sovereign immunity, Supreme Court | Tagged , ,

Ninth Circuit Briefs in Hestand v. Gila River Indian Community [Attorney Employment Claims]

Here: Opening Brief Answer Brief

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

Jenn Weddle Guest Post on Upper Skagit Decision

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

Posted in Guest Post: Jennifer Weddle, sovereign immunity, Supreme Court | Tagged , , | 3 Comments

SCOTUS Vacates Washington SCT Decision in Upper Skagit Tribe v. Lundgren

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

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

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.

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

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

Posted in Author: Matthew L.M. Fletcher, IGRA, Indian gaming, Research, sovereign immunity, tribal courts | Tagged , , , , ,