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economic development
Complete Second Circuit Briefing in Otoe-Missouria Tribe v. New York Dept. of Financial Regulation
Grand Canyon Resort Corp. Cert Opposition in Skywalk Case
Student Note Addresses Native Access to Capital Markets
The Review of Banking & Financial Law has published “Financing Native Nations: Access to Capital Markets” by Jenny Small.
Opening Second Circuit Brief in Otoe-Missouria v. NY Dept. of Financial Regulation
Title VII Claim against Cherokee Nation-Owned Company Proceeds
Here are the materials so far in Nepomuceno v. Cherokee Medical Services (S.D. Cal.):
An excerpt:
CMS has not come forward with any evidence of how CMS was formed, who owns CMS, how CMS is managed, and where profits from the business go. Therefore, CMS has not established that it is an arm of the Cherokee Nation entitled to tribal sovereign immunity from suit, and the Court denies CMS’s motion to dismiss for lack of subject matter jurisdiction. CMS may reassert tribal sovereign immunity in a motion for summary judgment. However, any such motion should not be filed until Plaintiff has had the opportunity to conduct adequate discovery on the issue.
Lower Brule Community Tribal Business Entity Not Immune from Suit; Some Claims Dismissed on Merits
Here is an update in Seaport Loan Products LLC v. Lower Brule Community (N.Y. Supreme Ct.):
63 Lower Brule Motion to Dismiss
77 Adlwych Capital Partners Opposition
NY Appellate Division Affirms NY State Police Authority to Confiscate HCI Smokes
Here is the opinion in HCI Distribution Inc. v. New York State Police Troop B Commander (N.Y. A.D.), reversing the lower court:
Lower court materials here.
Shale Gas Company (SWN) Loses Bid for Injunction to Halt N.B. Protests
Just a few hours ago, “[a] request by SWN Resources Canada to extend a court injunction that prevents anyone from impeding its exploration activities in New Brunswick has been denied by a judge. Justice George Rideout issued a ruling Monday afternoon after hearing arguments in the Court of Queen’s Bench on Friday. Rideout did not state his reason in court, but said he would issue a written decision.” Click here for the story from CBC news.
New Brunswick Fracking Protests: Frontline of a Democratic Fight
Click here for a great article from Martin Lukacs. “Images of burning cars and narratives about Canadian natives breaking the law obscure the real story about the Mi’kmaq people’s opposition to shale gas exploration.”
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