Author: Matthew L.M. Fletcher – Page 574

Appeal from a district court order preliminarily enjoining Seneca County from foreclosing upon certain parcels of the Cayuga Indian Nation of New York’s real property to satisfy unpaid ad valorem property taxes. We conclude, in light of recent Supreme Court guidance, that tribal sovereign immunity from suit bars the County’s proceedings against the Nation and therefore AFFIRM the order of the district court.

Lower court materials are here.

Blast from the Past: 2009 MSU ILPC Report on the History of Michigan Tribal-State Relations

July 31, 2014Matthew L.M. Fletcher

Five years ago, we at MSU conducted a study of what became an oral history of modern Michigan tribal-state relations under a contract with the National Congress of American Indians. Our former students did all the work — Alicia Ivory, Adrea Korthase, and Sheena Oxendine. For whatever reason, we never published the paper on our occasional paper website. The students interviewed many of the major players in tribal-state relations from the 2000s and before, including John Wernet, Jim Bransky, and Kathryn Tierney on the 2007 inland consent decree; Mike Petoskey and Kathryn Tierney on Michigan Court Rule 2.615; and Bill Brooks and John Wernet on the Michigan tribal-state tax agreements.

Here it is in its full glory, “Tribal-State Relations: Michigan as a Case Study”:

Michigan Tribal-State Intergovernmental Relations

Michigan Federal Court Orders Debtor to Abritration against Western Sky

July 31, 2014Matthew L.M. Fletcher

Here are the materials in Narula v. Delbert Services Corp. (E.D. Mich.):

11 Motion to Dismiss

14 Response

17 Reply

18 DCT Granting Motion to Dismiss

An excerpt:

Because the Court determines that the forum-selection clause does not apply in this case and the Arbitration Agreement is not a product of fraud and satisfies the Sixth Circuit test to grant motions to compel arbitration, the Court finds that Defendant’s motion to dismiss and compel arbitration [8] is GRANTED, the parties are ordered to Arbitrate this dispute, and the case is hereby DISMISSED.