Tribal Member Effort to Remove Cigarette Tax Case to Federal Court Remanded to State Court

Matthew L.M. Fletcher

Here are the materials in People v. Huber (N.D. Cal.):

Huber Remand Order

Cal. Motion to Remand

Huber Opposition to Remand Motion

Cal. Reply

Should’ve read this, first: Kaighn Smith, Jr., Federal Courts, State Power, and Indian Tribes: Confronting the Well-Pleaded Complaint Rule, 35 N.M. L. Rev. 1 (2005) (email me if you want a copy).

One thought on “Tribal Member Effort to Remove Cigarette Tax Case to Federal Court Remanded to State Court”

  1. MR July 26, 2011 / 3:25 pm

    Interesting note. Indeed, she did read the Smith article first–and incorporated it into her brief and oral argument. Should have been at the oral argument to see the Court reject it outright without consideration.

    Also, this is not a “tax” case. It was a direct regulation case involving imposition of the state law effectuating the Tobacco Master Settlement Agreement on reservation land against tribal members.

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