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Tribal Corporations Sovereign Immunity

Jones Day

U.S. Supreme Court Bankruptcy Roundup - July 2023

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Since May 2023, the U.S. Supreme Court has issued three decisions addressing or potentially impacting issues of bankruptcy law. These included rulings concerning the abrogation of sovereign immunity for Native American tribes...more

Quarles & Brady LLP

SCOTUS Holds Bankruptcy Code Waives Tribal Sovereign Immunity: Implications for Tribes as Creditors: Lac du Flambeau Band of Lake...

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The courts have long been split on the question of whether Native American tribes are immune from legal attacks under federal bankruptcy law. Some courts have held that tribes and tribal-owned entities could not be sued for...more

Snell & Wilmer

Arizona District Court Finds Tribally Co-Owned Wireless Provider Not Entitled to Sovereign Immunity

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In an order filed on June 27, 2023, the Arizona District Court determined that a wireless provider co-owned by the Navajo Nation was not immune from suit in federal court. In Tsosie v. N.T.U.A. Wireless LLC, et al.,...more

Faegre Drinker Biddle & Reath LLP

Bankruptcy Implications of Lac du Flambeau Band of Lake Superior Chippewa Indians v. Coughlin

On June 15, 2023, the U.S. Supreme Court decided Lac du Flambeau Band of Lake Superior Chippewa Indians, et al. v. Coughlin. The case involved a tribal entity, “Lendgreen,” that lent an individual, Brian Coughlin, “$1,100 in...more

Miller Nash LLP

The Supreme Court Abrogates Tribal Immunity in Bankruptcy Proceedings

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On June 15, 2023, Justice Jackson led the majority in an 8-1 decision holding that the Bankruptcy Code abrogates federally recognized tribes’ sovereign immunity. The decision has significant implications for tribal creditors...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Lac du Flambeau Band of Lake Superior Chippewa Indians et al. v. Coughlin

On June 15, 2023, the U.S. Supreme Court decided Lac du Flambeau Band of Lake Superior Chippewa Indians et al. v. Coughlin, No. 22-227, holding that the Bankruptcy Code unambiguously abrogates the sovereign immunity of all...more

Sheppard Mullin Richter & Hampton LLP

Supreme Court Finds Bankruptcy Code Abrogates Tribal Sovereign Immunity

The U.S. Supreme Court ruled on Thursday that because Indian tribes are indisputably governments, the Bankruptcy Code unmistakably abrogates their sovereign immunity to bankruptcy court proceedings....more

Rosenberg Martin Greenberg LLP

United States Court of Appeals for the Fourth Circuit Refuses to Enforce Arbitration and Choice of Law Provisions Because of...

Most of us have heard the expression “Pigs get fat, hogs get slaughtered.”  The United States Court of Appeals for the Fourth Circuit did not slaughter the officials of the lenders in its November 16, 2021 opinion in Hengle...more

Snell & Wilmer

Ninth Circuit Determines Tribal Corporation May Be Subject to State Taxation Laws

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On June 21, the U.S. Court of Appeals for the Ninth Circuit held that the district court properly dismissed the claims of Big Sandy Rancheria Enterprises (“Big Sandy”), a federally chartered tribal corporation of the Western...more

Morrison & Foerster LLP - Left Coast Appeals

This Week in the Ninth: Formation Trials and Tribal Corporations

This week, we take a look at a Ninth Circuit decision navigating the intricacies of appellate review of interlocutory arbitration orders, and another exploring the difference between a federally chartered tribal corporation...more

Snell & Wilmer

Construction in Indian Country – What You Need To Know About Sovereign Immunity

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There are many legal issues to consider when bidding on and building projects in American Indian Country. Which labor and employment laws apply? Are there contracting or hiring preferences that apply? Do the Prompt Pay Act...more

Holland & Knight LLP

Ninth Circuit Affirms Tribal Court Jurisdiction Over Claims Against Nonmember Former Employee

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• In a decision favorable to tribal sovereignty, the U.S. Court of Appeals for the Ninth Circuit affirmed that the tribal court of the Cedarville Rancheria of Northern Paiute Indians (the Tribe) had jurisdiction over claims...more

Goodwin

PTAB Denies Allergan & Mohawk Tribe’s Motion to Terminate IPRs Based on Sovereign Immunity

Goodwin on

As we’ve reported on previously, Allergan, Inc. assigned its rights to patents covering its Restasis® dry eye treatment to the St. Regis Mohawk Tribe (“Tribe”) and simultaneously licensed back those patents in exchange for...more

Goodwin

Court Permits St. Regis Mohawk Tribe to Join Restasis® Litigation, but Nixes Allergan’s Patents

Goodwin on

Today, Judge Bryson, a Federal Circuit judge sitting by designation in the U.S. District Court for the Eastern District of Texas, Marshall Division, issued an Opinion and Order granting Allergan’s motion to join the St. Regis...more

Schwabe, Williamson & Wyatt PC

Schwabe Defends Tribal Sovereignty

The trial team of Brien Flanagan, Aukjen Ingraham and Sarah Lawson successfully stood up to outside parties attempting to interfere in the Navajo Nation’s economic activity. Federal Judge Steven Logan granted the Navajo...more

Fisher Phillips

Web Exclusive: Supreme Court Review: Mixed Bag For Employers

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The 2016-17 Supreme Court term was truly a mixed bag for employers. The Court limited presidential power, reined in the appellate courts’ authority to review and overturn trial court decisions regarding EEOC subpoenas,...more

Holland & Knight LLP

Courts Continue Trend of Recognizing Tribal Immunity in Bankruptcy Proceedings

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Judge Christopher S. Sontchi of the U.S. Bankruptcy Court for the District of Delaware (Court) issued a decision on Feb. 28, 2017, that has important – and positive – significance for Native American tribal governments, their...more

PilieroMazza PLLC

Key Employment Issues Affecting Tribal Entites

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Overview - Sovereign immunity - - Background - 8(a) waiver - Indemnification - Labor and employment issues - Statutes of general applicability - Commercial v. governmental activity ...more

McGuireWoods LLP

CFPB Online Loan Suit Sent to California

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In the most recent development in the CFPB’s two-year-old lawsuit alleging unfair, deceptive, and abusive practices by several online lenders, on September 23, 2015, Massachusetts U.S. District Judge George O’Toole, Jr.,...more

Littler

The Sixth Circuit Extends the NLRA's Reach to Tribal-Owned Casinos

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The extent of the National Labor Relations Act's application to tribal-owned and operated enterprises on reservations is an open question in many circuits. Recently, two Sixth Circuit decisions resolved the question in favor...more

Ballard Spahr LLP

Briefing completed in Ninth Circuit tribal lending case challenging CFPB authority

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Briefing has now been completed in CFPB v. Great Plains Lending, LLC, et al., the case before the U.S. Court of Appeals for the Ninth Circuit in which three tribally-affiliated payday lenders are challenging the CFPB’s...more

K&L Gates LLP

Supreme Court Affirms in Michigan v. Bay Mills Indian Community: Don’t Roll the Dice with Tribal Sovereign Immunity

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The U.S. Supreme Court’s recent decision in Michigan v. Bay Mills Indian Community is a reminder to a broad range of entities, including energy companies, financial service providers, and state and local governments, that...more

Sheppard Mullin Richter & Hampton LLP

Tribal Corporate Bankruptcy Petition Raises Issues of First Impression for Bankruptcy Court

On March 4, 2013, ‘SA’ NYU WA, Inc., a tribally-chartered corporation wholly owned by the Hualapai Indian Tribe, filed a Chapter 11 bankruptcy petition in the United States Bankruptcy Court, District of Arizona. This is a...more

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