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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.
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
Agency Cert Opposition Brief in Casino Pauma v. NLRB
Here: nlrb-bio-3.pdf Cert petition here.
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 cert petition, Chickasaw Nation, Comanche Nation of Oklahoma v. Bernhardt, Comanche Nation of Oklahoma v. Zinke, fee to trust acquisition, National Indian Gaming Commission, Supreme Court, Tenth Circuit, Western District of Oklahoma
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 Bankruptcy Act, Buchwald Capital Advisors LLC v. Sault Ste. Marie Tribe, cert petition, Eastern District of Michigan, Eastern District of Michigan -- Bankruptcy, federal statutes of general applicability, In re Greektown Holdings LLC, Sixth Circuit, Supreme Court, tribal sovereign immunity
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 cert petition, Lummi Nation, Rule 19, Supreme Court, tribal court exhaustion doctrine, tribal jurisdiction over nonmembers, tribal police confiscation, Western District of Washington, Wilson v. Doe, Wilson v. Horton's Towing
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
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 cert petition, Eleventh Circuit, IGRA, indian gaming regulatory act, indian taxation, Jim v. United States, Miccosukee Tribe of Indians of Florida v. United States, Supreme Court, treaty rights
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
