economic development

A CVSG for Malaterre v. Amerind?

Matthew L.M. Fletcher1 Comment

The Malaterre v. Amerind cert petition is scheduled for this Friday’s Supreme Court Conference. Despite being a SCOTUSblog petition to watch, it really isn’t certworthy (though pretty much any tribal immunity-related petition attracts attention).

Might Malaterre be a candidate for CVSG, assuming it isn’t simply denied? Perhaps, for two reasons. First, the Court asked the OSG five times in the last couple Terms for the government’s views in Indian law cases. Second, the immunity question may depend on the Court’s interpretation and analysis of Section 17 of the Indian Reorganization Act.

Suit for Royalties in Southern Ute Well Dismissed under Rule 19

Matthew L.M. Fletcher

Here are the materials in Three Stars Prod. Co. v. BP America (D. Colo.):

DCT Order Dismissing under Rule 19

BP America Rule 19 Motion

Three Stars Response

BP Reply

Updated Briefing in Charles Mix County’s Constitutional Challenge to IRA Section 5

Matthew L.M. Fletcher1 Comment

We posted the opening brief here. Here are the remaining briefs:

Interior Appellee Brief

Charles Mix County Reply Brief

Lower court materials are here.

Federal Court Remands Colorado Claims against Western Sky Financial (Indian Country Payday Lenders) to State Court

Matthew L.M. Fletcher

Here are the materials in State of Colorado ex rel. Suthers v. Western Sky Financial L.L.C. (D. Colo.):

Colorado State Court Complaint

Western Sky Motion to Dismiss

Colorado Motion to Remand

DCT Order Remanding Colorado Complaint

Treasury Recommends Repeal of Essential Government Function Test for Tribal Economic Development Bonds

Matthew L.M. Fletcher

Here:

ReportToCongress-TribalEconomicDevelopmentBonds-FINAL121911

Federal Court Dismisses Saginaw Chippewa NLRB Challenge

Matthew L.M. Fletcher1 Comment

Here is the order:

DCT Order Dismissing SCIT Complaint

Briefs and other materials are here and here and here and here.

Update in Dollar General v. Mississippi Choctaw: Tribal Jurisdiction Upheld

Matthew L.M. Fletcher1 Comment

Here are the materials in Dolgen Corp. v. Mississippi Band of Choctaw Indians (S.D. Miss.):

Dollar General Motion for Summary J

Mississippi Band Opposition

Memorandum Opinion and Order

Materials from a 2008 TRO motion in the same case are here.

Federal Court in Bench Trial Rules against Osage Challenge to Wind Farm

Matthew L.M. Fletcher1 Comment

Here is the opinion in Osage Nation v. Wind Capital Group LLC (N.D. Okla.):

DCT Judgment against Osage

Here is the complaint.

Fifth Circuit Rejects Individual Challenges to Alabama-Coushatta Mining Leases with Comstock

Matthew L.M. Fletcher

Here are the materials in United States ex rel. Kennard v. Comstock Resources Inc. (opinion here):

Kennard Opening Brief

Comstock Resources Brief

USA Amicus Brief

Kennard Reply

Comstock Supplemental Brief

Native Wholesale Supply Bankruptcy Filings

Matthew L.M. Fletcher

Here:

NWS Bankruptcy Complaint

NWS Motion for PI