Category Archives: sovereign immunity
SCOTUSblog: “Justices dubious about tribal immunity from state-court actions to adjudicate title to land, but hesitant to embrace new theory” Law360: “Justices Wary Of Weakening Tribal Immunity In Property Row” Courthouse News: “High Court Grapples With Tribe’s Sovereign Immunity“
Here. Background materials here.
Federal Dismisses Alleged Whistleblower Complaint against US re: Former Sauk-Suiattle Employee, Allows 30 Days to Refile on Free Speech Claims
Here are the materials in Dahlstrom v. United States (W.D. Wash.): 38 US Motion to Dismiss 48 Response 49 US Reply 62 DCT Order Prior post here.
Here is the order in Mylan Pharmaceuticals v. St. Regis Mohawk Tribe: Order Materials here.
Federal Court Rejects Trappers/Hunters Effort to Dismiss Challenge to Federal Implementation of Convention on International Trade in Endangered Species (Rule 19!)
Here are the materials in Wildearth Guardians v. United States Fish & Wildlife Service (D. Mont.): 75 Motion to Dismiss 79 Federal Response 80 Wildearth Guardians Response 84 Reply 94 DCT Order
Here: Skokomish Opening Brief Forsman Answer Brief Skallam Tribes Amicus Brief Lower court materials here.
Question presented: Does a court’s exercise of in rem jurisdiction overcome the jurisdictional bar of tribal sovereign immunity when the tribe has not waived immunity and Congress has not unequivocally abrogated it? Here are the merit stage briefs: Upper Skagit Brief United States Brief NCAI Amicus Brief Tribal … Continue reading →
Here are the materials in the matter of Buchwald Capital Advisors, LLC v. Sault Ste. Marie Tribe of Chippewa Indians, 16-cv-13643 (E.D. Mich. January 23, 2018)(In re: Greektown Holdings, LLC, #08-53104, Bankr. E.D. Mich.): Doc. 9 – Amended Brief of … Continue reading →
Here is yesterday’s order list. Petition stage materials here.
Federal Court Allows Bishop Paiute Suit against Inyo County re: Tribal Law Enforcement Authority to Proceed
Here are the materials in Bishop Paiute Tribe v. Inyo County (E.D. Cal.): 45-1 inyo county mtd 46-1 sheriff mtd 49 opposition 47-1 inyo da mtd 61 dct order