Tag Archives: tribal sovereign immunity

Student Scholarship on the Allergan/Mohawk Case

Seth W. R. Brickey has published “Rent-A-Tribe: Using Tribal Immunity to Shield Patents from Administrative Review” in the Washington Law Review. Here is the abstract:  In 2017, Allergan Pharmaceuticals entered into an agreement with the Saint Regis Mohawk Tribe (SRMT). Allergan … Continue reading

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

Federal Court Dismisses Workers’ Comp Claim against Northern Circle Indian Housing Authority

Here are the materials in Luiz v. Northern Circle Indian Housing Authority (N.D. Cal.): 1 Habeas Petition 8 Motion to Dismiss 12 Response 14 Reply 16 DCT Order

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

Second Circuit Affirms Dismissal of Vendor Complaint against New York Oneida

Here is the unpublished opinion in Laake v. Turning Stone Casino. Briefs: laake-brief.pdf tribe-brief.pdf

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

Federal Court Rejects Individual Indian’s Effort to Block Pipeline

Here are the materials in Northern Natural Gas Company v. 80 Acres of Land in Thurston County, Neb. (D. Neb.): 51 Soloman MTD 53 Northern MSJ 56 Northern Opposition to 51 57 Northern Reply 58 DCt Order Prior post here.

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

Federal Court Dismisses Tort Claim against Crow Health Care Center

Here are the materials in Wilhite v. Awe Kualawaache Care Center (D. Mont.): 29 Motion to Dismiss – sovereign immunity 30 Response 33 Reply 35 Motion to Dismiss – FTCA 38 Response 39 DCT Order Prior post here.

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Federal Court Allows Fraud Claims against Tribal Employees to Proceed

Here are the materials in JW Gaming Development LLC v. James (N.D. Cal.): 1-1 Complaint 6 Motion to Dismiss 18 Response 22 Reply 55 DCT Order

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

Federal Court Dismisses FLSA Claim against EBCI Casino

Here are the materials in Clark v. Harrah’s NC Casino Company, LLC (W.D. N.C.): 1 Complaint 18-1 Motion to Dismiss 29 Amended Complaint 34-1 Motion to Dismiss 39 Response 43 Reply 45 Individual Defendant MTD 51 Response 52 Reply 53 Magistrate … Continue reading

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

Federal Court Accepts Cherokee Nation’s Voluntary Dismissal of Tribal Court Opioid Case

Here are the materials in McKesson Corp. v. Hembree (N.D. Okla.): 139 Hembree Motion to Dismiss 141 Opposition 145 Reply 146 DCT Order Prior post here.

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En Banc Petition Materials in St. Regis Mohawk Tribe v. Mylan Pharmaceuticals

Here: En Banc Petition States Amicus Brief University of Minnesota Brief University of New Mexico Amicus Brief Prior posts here.

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

Federal Court Orders Tribal Exhaustion in Title VII Case against Tribal Entity

Here are the materials in Romero v. Wounded Knee LLC (D.S.D.): 56 Motion to Dismiss 59 Motion to Strike 62 Response to 59 63 Reply in Support of 59 67 Response to 56 68 Reply in Support of 56 77 Plaintiff’s … Continue reading

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