Tag Archives: cert petition

King Mountain Tobacco v. US Cert Petition

Here: cert petition Questions presented: 1. Whether the Ninth Circuit erred in holding that the Yakama Treaty must include  express exemptive language” to create an exemption from a federal tax or fee.  2. Whether the Ninth Circuit erred in holding that the federal tobacco … Continue reading

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

Miccosukee Per Cap Taxation Cert Petitions

Here is the petition in Miccosukee Tribe of Indians of Florida v. United States: cert-petition-1-1.pdf Question presented: The 2014 Tribal General Welfare Exclusion Act states that, for income tax purposes, “[g]ross income does not include the value of any Indian … Continue reading

Posted in Author: Matthew L.M. Fletcher, IGRA, Indian gaming, Research, Supreme Court, taxation, treaty rights | Tagged , , , , , , , ,

McNeal v. Navajo Nation Cert Petition

Here: cert-petition-2.pdf Question presented: Whether the Tenth Circuit panel violated the current jurisprudence of this Court and the Congressional policy underlying IGRA by precluding the Nation from exercising its sovereign authority to permit a patron’s tort claim against the Nation … Continue reading

Posted in Author: Matthew L.M. Fletcher, IGRA, Indian gaming, Research, Supreme Court, tribal courts | Tagged , , , , , , ,

St. Regis Mohawk v. Mylan Pharma Cert Petition

Here: cert-petition-1.pdf Question presented: Whether inter partes review before the Patent Trial and Appeal Board is the type of proceeding in which tribal sovereign immunity may be asserted. Lower court materials here

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

Casino Pauma v. NLRB Cert Petition

Here: Cert Petition Questions presented: 1. Should this Court reconsider Chevron? 2. Does the National Labor Relations Act apply to Indian tribes?  3. Does the employee-to-employee solicitation rule in Republic Aviation empower employees to solicit customers in business “guest areas” like restrooms … Continue reading

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

SG Recommends Denial in Osage Wind and Ute Tribal Exhaustion Cases

Here is the government’s invitation brief in Harvey v. Ute Indian Tribe: SG Brief [Ute] Here is the government’s brief in the Osage Wind matter: SG Brief [Osage]

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

Opposition Briefs in Stand Up For California v. Dept. of Interior

Here: North Fork Rancheria Opposition Brief US Opposition Brief UPDATE 12/12/18): Reply Cert petition here.

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

SCOTUS Denies Cert in Citizen Potawatomi Matter

Here is today’s order list. Cert stage materials here.

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

No Grants, 1 CVSG from SCOTUS Long Conference

Here is today’s order list. The Court denied cert in Lummi Tribe v. US, County of Amador v. DOI, Fort Peck v. HUD, and Makah v. Quileute. The Court asked for the views of the Solicitor General in Poarch Band … Continue reading

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

Stand Up For California v. Dept. of Interior Cert Petition

Here: sufc cert petition Questions presented: 1. This case presents the question whether the Secretary may conclude that a casino “would not be detrimental to the surrounding community” despite uncontroverted evidence the casino will have unmitigated detrimental impacts to the community. … Continue reading

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