Author: Matthew L.M. Fletcher

Here is the opinion in Black Bear v. Mid-Central Educational Cooperative:

opinion-2 Download

Washington State American Indian Health Commission COVID 19 Resources

March 20, 2020Matthew L.M. Fletcher

Best material we’ve seen from Indian country so far. Here.

Cert Petition by Convicted RICO Defendant in Payday Lending Scheme Invoking Tribal Immunity

March 20, 2020Matthew L.M. Fletcher

Here is the petition in Neff v. United States:

neff-cert-petition.pdf

us-waiver-letter.pdf

Questions presented:

1. Does a misrepresentation about the true identity of the owner of a business during settlement negotiations to resolve a civil lawsuit constitute a scheme to defraud the litigant of money or property in violation of the mail and wire fraud statutes?

2. Is the doctrine of tribal sovereign immunity wholly inapplicable in a circumstance where payday loans are made by a Native American tribe in affiliation with an entity acting as an “arm of the tribe” where such loans are made at interest rates in excess of state regulations, thus rendering the loans ipso facto unlawful debts in violation of the RICO statute?

3. Does the government have to prove willfulness to establish a RICO conspiracy to collect an unlawful debt?

Lower court materials here.

Cert Petition by Western Ranchers and Farmers Challenging Reserved Water Rights [updated]

March 20, 2020May 18, 2020Matthew L.M. Fletcher

Here is the petition in Bales v. United States:

baley-cert-petition.pdf

Question presented:

Whether, against the legal backdrop of Congress’s and this Court’s recognition of the primacy of state law to determine, quantify, and administer water rights, a federal court may deem federal agency regulatory action under the Endangered Species Act to constitute the adjudication and administration of water rights for tribal purposes.

Lower court materials here.

Update:

05142020-1 PacificCoastFedFishermen Opposition Brief

OpposBriefUSA-20200514173954985_19-1134 Baley