Tag Archives: tribal sovereign immunity

Federal Court Enjoins Cherokee Nation Tribal Court Suit against Opioid Companies

Here is the order in McKesson Corp. v. Hembree (N.D. Okla.): 138 DCT Order An excerpt: Oklahoma is among the states with the highest number of opioid prescriptions per one hundred people and has a high overdose death rate. Tribal … Continue reading

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

Federal Court Dismisses Foreclosure Action against Tulalip Tribes & Tribal Member

Here are the materials in Wilmington Savings Fund Society v. Fryberg (W.D. Wash.): 15 Tulalip motion to dismiss 21 Response 22 Reply 28 DCT order

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

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

Patent Trial and Appeal Board Amicus Briefs on Tribal Immunity Issue

Here are the amici curiae in the matter of Mylan Pharmaceuticals Inc. et al v. St. Regis Mohawk Tribe et al: For Movants: Brief Amici Curiae of the National Congress of American Indians, National Indian Gaming Association, and the United … Continue reading

Posted in Author: Sarah Donnelly, economic development, Research, sovereign immunity | Tagged , , , | Leave a comment

Law Scholars Brief in Support of St. Regis Mohawk Patent

Here is the brief from Lawrence Tribe, William Eskridge, Erwin Chemerinsky, Joe Singer, and David Orozco: Brief of Amici Scholars iso of Saint Regis Mohawk Tribe

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

Oglala Sioux Tribe Amicus Brief in St. Regis Mohawk Patent Matter

Here is the amicus brief filed in Mylan Pharmaceuticals Inc. v. Allergan Inc.: Oglala Sioux Tribe amicus brief

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

Rick Collins on Tribal Immunity

Richard B. Collins posted “To Sue and Be Sued: Capacity and Immunity of American Indian Nations,” forthcoming in the Creighton Law Review. Here is the abstract: Can American Indian nations sue and be sued in federal and state courts? Specific … Continue reading

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

Arizona COA Affirms Hualapai Official Immunity from Contract Damages Suit

Here is the unpublished opinion in WD at the Canyon v. Honga.

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

Split Utah SCT Affirms Tribal Immunity, Adopts Tribal Court Exhaustion Doctrine

Here is the opinion in Harvey v. Ute Indian Tribe. UPDATE (11/10/17) Briefs: Appellant’s Brief Appellant’s Reply Brief Appellee’s Brief-LaRose Appellee’s Brief-Newfield Appellee’s Brief-Ute Indian Tribe Joinder in Brief Response to Supplemental Authority-Appellee 1 Response to Supplemental Authority-Appellee 2 Supplemental … Continue reading

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