Tag Archives: Rule 19

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 , , , , , | Leave a comment

Compensation-Based Class Action against Eastern Band Cherokee Casino Materials

Here are the materials so far in Clark v. Harrah’s NC Casino Company LLC (W.D. N.C.): 1 Complaint 34-1 Motion to Dismiss 39 Opposition 43 Reply 53 Magistrate Report 54 Defendants’ Limited Objections 55 Clark Objections

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

SCOTUS Denies Cert in New Mexico Public Service Co. v. Barboan

Yesterday’s order list is here. Case materials are here.

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

Cert Opposition Brief in N.M. Public Service Co. v. Barboan & Navajo

Here: cert opposition[Navajo] US Cert Opp Cert petition here.

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

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

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

Ninth Circuit Briefs in Skokomish Indian Tribe v. Forsman

Here: Skokomish Opening Brief Forsman Answer Brief Skallam Tribes Amicus Brief Lower court materials here.

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

Upper Skagit Indian Tribe v. Lundgren Background Materials

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

Posted in Author: Matthew L.M. Fletcher, Research, sovereign immunity | Tagged , , , , , | 2 Comments

SCOTUS Grants Cert in Upper Skagit In Rem Immunity Matter

Here is the order list from last Friday. Here are the cert stage materials in Upper Skagit Indian Tribe v. Lundgren. Lower court materials here.

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

Public Service Co. of New Mexico v. Barboan Cert Petition

Here: Cert Petition Questions presented: 1. Does 25 U.S.C. § 357 authorize a condemnation action against a parcel of allotted land in which an Indian tribe has a fractional beneficial interest, especially where (a) the the tribe holds less than … Continue reading

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

St. Regis Mohawk Brief in Patent Litigation

Here is the brief in the matter captioned Mylan Pharmaceuticals Inc. v. Allergan Inc.: Tribe-Motion-to-Dismiss-IPRs

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