Fourth Circuit Affirms Hengle v. Treppa
economic development, ResearchEastern District of Virginia, Fourth Circuit, Habematolel Pomo of Upper Lake, Hengle v. Asner, RICO, tribal sovereign immunity, tribal sovereign lending
Ninth Circuit Decides Acres Bonusing, Inc. v. Marston
November 5, 2021 Matthew L.M. Fletcher
Here is the opinion:
20-15959_Documents.pdfDownload
Research, sovereign immunity, tribal courtsAcres Bonusing Inc v. Marston, Blue Lake Rancheria, Lewis v. Clarke, Ninth Circuit, Northern District of California, RICO, tribal sovereign immunity
Federal Court Enjoins Pinoleville Pomo Nation Tribal Court Designed to Challenge Federal Court RICO Judgment
June 23, 2021 Matthew L.M. Fletcher
Here is the order in JW Gaming Development LLC v. James (N.D. Cal.):
Shortly after judgment was entered in this case, PPN constituted its Tribal Court for the first time; there is no evidence that it ever existed in any meaningful way until then. Days after the newly appointed judge issued standing orders, PPN filed a civil complaint in that Tribal Court that seeks to (1) declare the judgment issued in this case invalid, (2) limit and control—indeed, vitiate—the scope of enforcement of that judgment, and (3) impose roughly eleven million dollars in liability on JW Gaming for alleged fraud stemming from the same loan agreement here. The lawsuit names not only JW Gaming but its attorneys in this matter and the bank at which PPN maintains accounts that was recently subpoenaed in the course of enforcement of the judgment. It is the first (and, as far as the record shows, only) case brought in the Tribal Court. Remarkably, up until the eve of the hearing on a temporary restraining order ("TRO") against the proceeding, which I ultimately denied, JW Gaming could not find publicly available information about how appear in that proceeding (despite being served with a summons), who the judge was, or what the rules were.
JW Gaming moved for an order to show cause why an injunction should not issue, which I denied. It then moved for the TRO, which I converted into a motion for a preliminary injunction once PPN's counsel committed to placing the Tribal Court proceeding on hold. That motion is now ripe for decision.
It is critical that federal courts respect tribal sovereignty and tribal court jurisdiction. Tribes are sovereign nations. Their ability to govern themselves and enjoy the full benefits of sovereignty is unquestioned. Tribal courts, as arms of the tribe, are entitled to substantial comity and deference under established federal law. I previously denied JW Gaming's motion for an order to show cause why an injunction should not issue out of these concerns. I remain vigilant about the compelling interest that PPN has in maintaining its sovereignty.
Those concerns, however, do not prevent an injunction against a Tribal Court proceeding that seeks to invalidate or interfere with the judgment entered in this Court. There are compelling interests in ensuring that enforcement of valid federal-court judgments is not interfered with, that JW Gaming is not required to litigate a lawsuit precision-engineered to invalidate and interfere with this one, and that third parties are not exposed to court orders or liability for simply enforcing a judgment or attempting to comply with the procedures for enforcing it. To the extent the lawsuit seeks to invalidate the judgment or interfere with enforcement, it is unquestionably meritless: a tribal court lacks authority to invalidate a federal court's judgments or to dictate the scope of executing that those judgments. JW Gaming has shown it is entitled to a preliminary injunction to the extent that the Tribal Court proceedings attempts to invalidate, interfere with, or thwart the judgment entered here. I possess jurisdiction to enter this injunction to protect and effectuate the judgment. The doctrine of tribal court exhaustion does not apply because PPN exercised its sovereign power to clearly, expressly, and unequivocally waive it.
Briefs and related materials here.
Author: Matthew L.M. Fletcher, Indian gaming, sovereign immunity, tribal courtsJW Gaming Development LLC v. James, Lewis v. Clarke, Ninth Circuit, Northern District of California, oral argument, Pinoleville Pomo Nation, RICO, tribal court exhaustion doctrine, tribal official immunity, tribal sovereign immunity
Ninth Circuit Affirms Dismissal of Nooksack Disenrollees' RICO Suit
May 5, 2021 Matthew L.M. Fletcher
Here is the unpublished opinion in Rabang v. Kelly.
Author: Matthew L.M. Fletcher, tribal membershipNinth Circuit, Nooksack Indian Tribe, Rabang v. Kelly, RICO
Federal Court Dismisses RICO Action Brought by Sage Memorial Hospital [Navajo] against Management Services Contractor
March 16, 2021 Matthew L.M. Fletcher
Here are the materials in Navajo Health Foundation – Sage Memorial Hospital Inc. v. Razaghi Development Company LLC (D. Nev.):
46 Motion to Dismiss
47 Motion to Strike
61 Response to 47
79 Reply in Support of 47
117 Magistrate Report
120 Sage Objections
121 Razaghi Objections
122 Response to 120
Author: Matthew L.M. Fletcher, health careDistrict of Nevada, Navajo Health Foundation - Sage Memorial Hospital Inc. v. Razaghi Development Company LLC, RICO
Ninth Circuit Briefs in Acres Bonusing Inc v. Marston
October 15, 2020 February 15, 2021 Matthew L.M. Fletcher
Opening Brief
Janssen Malloy Answer Brief
Jones Answer Brief
Marston Answer Brief
Reply Brief
Author: Matthew L.M. Fletcher, sovereign immunity, tribal courtsAcres Bonusing Inc v. Marston, Blue Lake Rancheria, Ninth Circuit, Northern District of California, RICO, tribal sovereign immunity
United Parcel Service Inc. v. New York Cert Petition
August 4, 2020 Matthew L.M. Fletcher
UPS Cert Petition
New York Brief in Opposition
1. The Contraband Cigarette Trafficking Act prohibits the knowing transportation of "a quantity" of more than 10,000 untaxed cigarettes in the "possession" of unauthorized persons. 18 U.S.C. § 2341(2). The first question presented is whether multiple shipments from different shippers may be aggregated to satisfy the 10,000-cigarette threshold.
2. The Prevent All Cigarette Trafficking Act of 2009 exempts UPS by name if its tobacco-delivery agreement with New York is "honored" nationwide. 15 U.S.C. § 376a(e)(3)(B)(ii)(I). The second question presented is whether substantial compliance is a prerequisite to this statutory exemption.
Second Circuit materials here:
CA2 Opinion
UPS Brief
New York Opening Brief
UPS Reply
New York Reply
DCT materials here.
Author: Matthew L.M. Fletcher, Criminal, economic development, Research, Supreme Courtcert petition, Contraband Cigarette Trafficking Act, PACT Act, RICO, Southern District of New York, State of New York v. United Parcel Service, Supreme Court, United Parcel Service Inc. v. New York
Fourth Circuit Briefs in Case Involving Tribal Sovereign Lending of Habematolel Pomo of Upper Lake
June 29, 2020 April 13, 2021 Matthew L.M. Fletcher
Here are the briefs in Hengle v. Treppa:
Appellant Brief
Habematolel Pomo of Upper Lake Consumer Financial Services Regulatory Commission Amicus Brief
NAFOA Amicus Brief
New Mexico Amicus Brief
Hengle Brief
Treppa Reply
Hengle Reply
Oral argument audio.
Author: Matthew L.M. Fletcher, economic development, Research, sovereign immunityEastern District of Virginia, Fourth Circuit, Habematolel Pomo of Upper Lake, Hengle v. Asner, RICO, tribal sovereign immunity, tribal sovereign lending
St. Regis Mohawk Tribe, Pala Band, Fond du Lac & Oglala Sue Juul for Targeting Tribal Youth
June 17, 2020 June 17, 2020 Matthew L.M. Fletcher
Here is the complaint in St. Regis Mohawk Tribe v. Juul Labs, Inc. (N.D. Cal.):
Here is the complaint in Pala Band of Mission Indians v. Juul Labs, Inc. (N.D. Cal.):
Here is the complaint in Oglala Sioux Tribe v. Juul Labs, Inc. (N.D. Cal.):
Here is the complaint in Fond du Lac Band of Lake Superior Chippewa v. Juul Labs, Inc. (N.D. Cal.):
Author: Matthew L.M. Fletcher, ResearchFond du Lac Band of Lake Superior Chippewa v. Juul Labs Inc., Northern District of California, Oglala Sioux Tribe v. Juul Labs Inc., Pala Band of Mission Indians v. Juul Labs Inc., RICO, St. Regis Mohawk Tribe v. Juul Labs Inc.
Spring Pandemic Update in Williams & Cochrane v. Quechan & Rosette Litigation [updated]
April 23, 2020 June 24, 2020 Matthew L.M. Fletcher
Here are new materials in in Williams & Cochrane LLP v. Quechan Tribe of the Fort Yuma Reservation (S.D. Cal.):
235-1 W&C Amended Motion for Judgment on Pleadings
248 Quechan Response to W&C Motion for Judgment on Pleadings
254-1 Rosette Motion for Sanctions
258 W&C Reply in Support of Motion for Judgment on Pleadings
267 W&C Response to Motion for Sanctions
268 Rosette Reply in Support of Motion for Sanctions
Update (6/24/20):
292-1 W&C Motion for Reconsideration
311 Quechan Response to 292
313 DCT Order Denying Motion for Reconsideration
Case tag here.
Author: Matthew L.M. Fletcher, Indian gaming, ResearchRICO, Southern District of California, tribal sovereign immunity, Williams & Cochrane LLP v. Quechan Tribe of the Fort Yuma Reservation