Tag Archives: tribal sovereign immunity

Federal Court Rules in Favor of Stillaguamish Tribe in Dispute with State of Washington over Apparent/Actual Authority to Waive Tribal Immunity

Here are the materials in Stillaguamish Tribe of Indians v. State of Washington (W.D. Wash.): 26 State Motion for Summary Judgment 28 Tribe Motion for Summary J 33 Tribe Response 37 State Response 41 State Reply 42 Tribe Reply 44 DCT … Continue reading

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Florida COA Affirms Tribal Immunity Defense in Miccosukee Tribe v. Lewis & Tein 

Here is the opinion. An excerpt: “There are reasons to doubt the wisdom of perpetuating the doctrine” of tribal immunity. Kiowa Tribe of Oklahoma v. Mfg. Techs., Inc., 523 U.S. 751, 758 (1998). It “can harm those who are unaware … Continue reading

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Federal Court Dismisses Gaming Contract Breach against Picayune Rancheria

Here are the materials in Osceola Blackwood Ivory Gaming Group LLC v. Picayune Rancheria of Chukchansi Indians (E.D. Cal.): 8 Motion to Dismiss 12 Response 14 Reply 18 DCT Order

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Tenth Circuit Denies Utility/Pipeline Company En Banc Petition; Cert Petition Likely; Trump Admin. May Change Position on Case to Appease Pipeline Company

Here are the materials in Public Service Company of New Mexico v. Barboan: PSCNM En Banc Petition Transwestern Pipeline Company Amicus Brief CA10 Order on En Banc Review PSCNM Motion for Stay Prior posts here.

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Federal Court Dismisses Slip and Fall Action against Fort Mojave Indian Tribe’s Casino Operations

Here are the materials in Ireson v. AVI Casino Enterprises (D. Nev.): 8 Motion to Dismiss 11 Response 16 Reply 21 DCT Order

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

Ninth Circuit Remands False Claims Act Matter 

Here is the opinion in United States ex rel. Cain v. Salish Kootenai College. Materials here.

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Federal Court Dismisses Casino Patron Effort to Overrule Tribal Tort Claims Act Interpretation

Here are the materials in Wilson v. Umpqua Indian Development Corporation (D. Or.): 1 Complaint 1-7 Tribal Court Decision 15 Motion to Dismiss 17 Opposition 18 Reply 23 Surreply 27 DCT Order

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

Washington COA Dismisses Two Challenges to Swinomish Civil Forfeiture under Rule 19

Here is the unpublished opinion in Washington v. Director of the Dept. of Licensing. An excerpt: After losing her vehicle to the Swinomish Tribe in civil forfeiture, Washington filed this suit against the Department of Licensing and unnamed Swinomish police … Continue reading

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

Ninth Circuit Affirms Dismissal of Tort Claim against Rocky Boy’s

Here is the unpublished opinion in Eagleman v. Rocky Boy’s Chippewa-Cree Business Committee or Council. Briefs here. Lower court materials here. Oral argument video here.

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Georgia Appellate Court Vacates Arbitration Award against Guidiville Band of the Pomo Indians

Here is the opinion in Churchill Financial Management Corp. v. ClearNexus Inc. (Ga. Ct. App.): Ga Ct App Opinion An excerpt: Most courts that have addressed this issue have determined that tribal sovereign immunity extends to entities known as chartered … Continue reading

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