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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
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
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
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
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]
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.
SCOTUS Denies Cert in Citizen Potawatomi Matter
Here is today’s order list. Cert stage materials here.
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
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
