Tag Archives: cert petition

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 , , , , , , , ,

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 , , , , , , , , ,

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 , , , , ,

Wilson v. Horton’s Towing Cert Petition [Montana; Exhaustion; Civil Forfeiture]

Here: Cert Petition Questions presented: 1. Does an Indian Tribe have authority under the second exception of Montana v. United States, 450 U.S. 544 (1981), to forfeit automobiles owned by non Native Americans for violation of tribal drug laws while on tribal … Continue reading

Posted in Author: Matthew L.M. Fletcher, Research, Supreme Court, Tribal Codes, tribal courts | Tagged , , , , , , , , ,

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 , , , , , , ,