Seneca Nation of Indians v. Paterson Complaint

Referenced in this press release here.

Seneca Nation Complaint

Gould v. Cayuga Indian Nation Cert Petition

Here:

Gould v. Cayuga Cert Petition

Lower court materials here.

Questions presented:

I. Whether the New York State Court of Appeals in its 4-3 decision in Cayuga Indian Nation of New York v. Gould, 14 N.Y.3d 614 (2010), properly interpreted federal law on a matter it believed the United States Supreme Court had not yet addressed in holding that two parcels of land purchased by a successor to the historic Cayuga Indian Nation in 2003 and 2005 were exempt from New York’s cigarette sales and excise taxes after two hundred years of non-Indian ownership and governance.

II. Whether in that decision the New York Court of Appeals properly held both that (i) the Cayuga Indian Nation possessed a federal reservation pursuant to the 1794 Treaty of Canandaigua despite the fact that the Cayuga Indian Nation had ceded all of its land to New York State in 1789; and (ii) the United States did not subsequently disestablish any purported federal reservation.

When it rains, it pours, and it’s a veritable hurricane in New York right now.

Federal Court Lifts Remainder of Injunction against Enforcement of PACT Act

Here are the updated materials (h/t Indianz):

US Motion to Stay

Seneca Free Trade Assn Motion for Injunction

US Response to Seneca Free Trade Assn

Red Earth Response to US Motion for Stay

Red Earth Response to Seneca Free Trade Assn

Order – (8-12-10)

Earlier materials are here.

Court Order in Miccosukee IRS Tax Summons Case

Here: DCT Order Partially Granting US Motion.

Original Miccosukee petition to quash here, and briefs here.

Briefing in Miccosukee Dispute with IRS re: Tribal Income Records

Here are the updated materials in :

US Opposition to Petition

Miccosukee Response

US Reply

The Miccosukee petition to quash is here.

Federal Court Preliminary Injunction in PACT Act Tobacco Case

Here is an update in Red Earth LLC v. United States (W.D. N.Y.) (news article here, via Pechanga):

USA Opposition to Motion for PI

Order – PI (7-30-10)

The TRO materials are here.

Seminole Tribe Answer Brief in State Taxation Case

Here: Seminole Tribe brief.

Opening brief here.

Opening Brief in Florida v. Seminole Tribe State Court Tax Case

Here: Florida Appellant Brief

Ninth Circuit Rejects Challenge to Tax on Non-Indians

Here is the opinion in Lanphere v. Wright.

Briefs here.

Madison County v. Oneida Indian Nation Cert Petition

Here: Madison County cert petition.

Questions presented:

The questions presented in this case are:

1. whether tribal sovereign immunity from suit, to the extent it should continue to be recognized, bars taxing authorities from foreclosing to collect lawfully imposed property taxes.

2. whether the ancient Oneida reservation in New York was disestablished or diminished.

Lower court materials here.