Category Archives: Supreme Court

SCOTUS Denies Cert in St. Regis Mohawk v. Mylan

Here is today’s order list. Cert stage materials in that case are here.

Posted in Author: Matthew L.M. Fletcher, economic development, Research, sovereign immunity, Supreme Court | Tagged , , , , ,

Allergan & St. Regis Mohawk Cert Petition on “Blocking Patent” Doctrine

Here is the petition in Allergan Inc. v. Teva Pharmaceuticals USA Inc.: Allergan & SRMT Cert Petition Questions presented: Whether the Federal Circuit erred in this case, as it did in Acorda Therapeutics, Inc. v. Roxanne Laboratories, Inc., 903 F.3d 1310 (Fed. … Continue reading

Posted in Author: Matthew L.M. Fletcher, Research, Supreme Court | Tagged , , ,

Agency Cert Opposition Brief in Casino Pauma v. NLRB

Here: nlrb-bio-3.pdf Cert petition here.

Posted in Author: Matthew L.M. Fletcher, Labor Relations, Research, Supreme Court | Tagged , , , ,

Comanche Nation of Oklahoma v. Bernhardt Cert Petition [Chickasaw Gaming]

Here is the petition captioned Comanche Nation of Oklahoma v. Zinke [but presumably will switch to Comanche Nation of Oklahoma v. Bernhardt]: Companche v Zinke Cert Petition Question presented: Whether the “former reservation” exception permitting lands acquired by the United … Continue reading

Posted in Author: Matthew L.M. Fletcher, fee to trust, IGRA, Indian gaming, Research, Supreme Court | Tagged , , , , , , , ,

Oglala Sioux Tribe v. Fleming Cert Petition

Here: cert petition Questions presented: 1. Whether the Eighth Circuit erred in holding, in conflict with decisions of this Court and three other courts of appeals, that the possibility of filing a separate mandamus action was in and of itself … Continue reading

Posted in Author: Matthew L.M. Fletcher, ICWA, Research, Supreme Court | Tagged , , , , ,

Havasupai Tribe v. Provencio Cert Petition [Grand Canyon Mine; NHPA Consultation]

Here: cert-petition-1.pdf Question presented: Section 106 of the National Historic Preservation Act (“NHPA”), 54 U.S.C. § 306108, requires federal agencies to consult with Indian tribes and other interested parties to assess and mitigate the potential adverse impacts that a project … Continue reading

Posted in Author: Matthew L.M. Fletcher, cultural resources, Environmental, Research, Supreme Court | Tagged , , , ,

SCOTUS Decides Sturgeon v. Frost II

Here is the opinion. Materials here. Update — footnote 2 of the majority: As noted earlier, the Ninth Circuit has held in three cases—the so called Katie John trilogy—that the term “public lands,” when used in ANILCA’s subsistence-fishing provisions, encompasses navigable waters … Continue reading

Posted in Author: Matthew L.M. Fletcher, Environmental, Research, Supreme Court, trust relationship | Tagged , , , ,

Buchwald Capital Advisors LLC v. Sault Ste. Marie Tribe of Chippewa Indians Cert Petition [Bankruptcy Code + Sovereign Immunity]

Here: buchwald cert petition Question presented: Whether the Bankruptcy Code abrogates the sovereign immunity of Indian tribes. Lower court materials here.

Posted in Author: Matthew L.M. Fletcher, economic development, Indian gaming, Michigan Indian, Research, sovereign immunity, Supreme Court | Tagged , , , , , , , , ,

Split SCOTUS Affirms Cougar Den (5-4, no majority opinion)

Here is the opinion. Materials are here.

Posted in Author: Matthew L.M. Fletcher, economic development, Research, Supreme Court, treaty rights | Tagged , , , , ,

Teck Metals v. Colville Cert Petition

Here is the petition in Teck Metals Ltd. v. Confederated Tribes of the Colville Reservation (No. 18-1160): cert-petition.pdf Questions presented: 1. Whether the Ninth Circuit, in conflict with Morrison v. National Australia Bank Ltd., 561 U.S. 247 (2010), and RJR … Continue reading

Posted in Author: Matthew L.M. Fletcher, Environmental, Research, Supreme Court | Tagged , , , , ,