Tag Archives: tribal sovereign immunity

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

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

Here: Opening Brief Answer Brief

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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

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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

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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.

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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

Federal Judge Refuses to Sanction Attorney for Repeatedly Disparaging Tribal Court

Here are the relevant materials in Becker v. Ute Indian Tribe of the Uintah and Ouray Reservation (D. Utah): 134 becker motion for sanctions 146 tribal parties motion for sanctions 154 dct order denying becker motion for sanctions 155 dct … Continue reading

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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

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Ninth Circuit Briefs in Stillaguamish Tribe v. State of Washington [Apparent/Actual Authority to Waive Tribal Immunity]

Here: State Opening Brief Tribe Answer Brief Reply Lower court materials here.

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

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

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