Supreme Court

SCOTUS Denies Cert in Four Indian Law Matters (Miccosukee + Jim, ICWA, and Comanche)

Matthew L.M. Fletcher

Here is Tuesday’s order list.

The materials in the Miccosukee petitions are here.

The page on the ICWA case is here.

The Comanche materials are here.

News Profile of Recent Supreme Court Indian Law Decisions

Matthew L.M. Fletcher

Here is “In Tribe v. State Cases, Supreme Court Shifts Support to Native Americans” from Governing.

News Coverage on Herrera v. Wyoming Decision

Matthew L.M. Fletcher

SCOTUSBlog (Greg Ablavsky)

Slate

Reuters

NYTs

NPR

Bloomberg

Link to decision and materials here.

SCOTUS Reverses in Herrera v. Wyoming (5-4)

Matthew L.M. Fletcher

Here.

Background materials here.

Settlement Reached in Lewis v. Clarke

Matthew L.M. Fletcher

Here. H/T to How Appealing.

Cert Stage Briefs for Casino Pauma v. NLRB

Matthew L.M. Fletcher

Here:

Cert Petition

BIO

Reply

Cert Petition in Jones v. Keitz [Criminal Prosection Arising from Chukchansi Casino Altercation]

Matthew L.M. Fletcher

Here is the petition:

Petition

Appendix

Question presented:

1. What facts must a plaintiff allege to state a claim for malicious prosecution against a California county and its sheriff under 42 U.S.C. § 1983, especially considering the heightened pleading standard this Court established in Ashcroft v. Iqbal, 556 U.S. 662 (2009)?
2. When a county sheriff is the country’s chief law enforcement officer, can a plaintiff hold a California County liable under Monell v. New York City Department of Social Services, 436 U.S. 658,694 (1978), by pleading he was wrongfully prosecuted based on an investigation led by the sheriff?

SCOTUS Denies Cert in McNeal v. Navajo [formerly Dalley v. Navajo]

Matthew L.M. Fletcher

Here is today’s order list.

Cert stage and other materials in McNeal are here.

SCOTUS Denies Cert in St. Regis Mohawk v. Mylan

Matthew L.M. Fletcher

Here is today’s order list.

Cert stage materials in that case are here.

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

Matthew L.M. Fletcher

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. Cir. 2018), in holding that objective indicia of non-obviousness may be partially or entirely discounted where the development of the invention was allegedly “blocked” by the existence of a prior patent, and, if so, further erred by making an implicit finding that an invention was “blocked,” without requiring evidence of or making a finding of actual blocking, and in the face of evidence to the contrary.