IRS Newsletter with Updates on TEDBs and Tribal Trust Judgment Proceeds

Here:

ITG News Oct 2012

Opening Seventh Circuit Brief in Challenge to Martin Webb Payday Lending Company’s Forum Selection Clause

Here is the opening brief in Jackson v. Payday Financial LLC:

Jackson Opening Brief

Lower court materials here.

Mashantucket Pequot Refinancing Information

Here:

MPN Bondholder Presentation Aug 2012

MPN Bondholder Presentation Sept 2012

News coverage here.

MPN press release here.

Massachusetts Tribes Move to Intervene in KG Urban v. Patrick Case

Here are those materials:

2012-09-07_(40)_Memo in Support of Motion to Intervene and Exhibits

Mashpee Motion to Intervene [Rule 19 motion]

Federal Government Seizure of Seneca-Cayuga Tobacco Company Account

News coverage here.

Federal complaint in United States v. $566,202 (W.D. Mo.) is here:

US Forfeiture Complaint

Contour Spa v. Seminole Tribe Cert Petition

Here:

Contour Spa Cert Petition

Questions Presented:

1. Does Lapides v. Board of Regents of the University System of Georgia, 535 U.S. 613 (2003), provide a basis for finding a waiver of tribal sovereign immunity where an Indian Tribe has expressly waived sovereign immunity, is sued in state court, removes to federal court, and then asserts sovereign immunity based on the Tribe’s concealment of the fact that the Tribe did not comply with the Secretary of the Interior’s lease approval requests?
2. Does Justice Brandeis’ opinion in Turner v. United States, 248 U.S. 354 (1919). support the concept of tribal sovereign immunity or should that accidental doctrine, questioned in Kiowa Tribe of Oklahoma v. Manufacturing Technologies, Inc., 523 U.S. 751 (1998), be revisited and discarded.
3. Does the Indian Civil Rights Act, Title 25 U.S.C. § 1302(a)(5) and (a)(8) create an implicit cause of action permitting the Tribe to be sued for the taking of property without due process of law?
Lower court materials here.

Federal Agents Raid Puyallup Members’ Smokeshop

Here.

CNBC News Coverage of Tribal Payday Lenders

Here, via Pechanga.

WaPo on Tribal Concerns re: Keystone XL Pipeline

Here, or here.

 

Opening Brief in Encana Oil & Gas v. St. Clair (Wind River Tribal Court Jurisdiction)

Here:

Encana Opening Brief

Lower court materials here.