Here is today’s order list. The Court denied cert in Renteria v. Superior Court & Norton v. Ute Indian Tribe.
cert petition
Supreme Court Cert Stage Briefing in R.K.B. v. E.T.
As a reminder, this is the cert petition regarding the very long Utah Supreme Court decision which held there is a federal reasonableness standard for determining whether an unwed father is a parent under ICWA. That decision is here.
Another reminder–there are generally no cert stage amicus briefs filed in opposition to a cert petition. And a cert petition is just asking the Supreme Court to take the case. It doesn’t mean the Court has taken the case.
R.K.B. NCFA Amicus ISO Cert Final
R.K.B. v. E.T. FINAL AMICUS BRIEF AAAA
Royal v. Murphy Cert Petition (Death Penalty & Muscogee Reservation Boundaries)
Here:
Question presented:
Whether the 1866 territorial boundaries of the Creek Nation within the former Indian Territory of eastern Oklahoma constitute an “Indian reservation” today under 18 U.S.C. § 1151(a).
Lower court materials here.
UPDATE:
Environmental Federation Of Oklahoma Inc Amicus Brief
SCOTUS Denies Cert in Alaska v. Ross (ESA seal listing)
SCOTUS Denies Cert in Lewis Tein PC v. Mikkosukee
SCOTUS Denies Cert in Navajo Tribal Court Jurisdiction & Wampanoag Gaming Matters; Issues CVSG in Crow Hunting Case
The Court denied cert in Window Rock Unified School District v. Reeves (cert materials here); Massachusetts v. Wampanoag Tribe of Gay Head (Aquinnah) (cert petition here); and Red Bear v. SESDAC (lower court decision here).
The Court called for the views of the Solicitor General in Herrera v. Wyoming (cert stage materials here).
Window Rock School District v. Reeves Cert Stage Materials
Norton v. Ute Indian Tribe Cert Petition
Here:
Question presented:
In light of the clear precedent of Nevada v. Hicks, 533 U.S. 353 (2001), which holds that state law enforcement officers are not subject to suit in a tribal court for claims arising out of the performance of their duties on tribal lands, did the Tenth Circuit Court of Appeals err in requiring Petitioners to exhaust their remedies in the Ute Tribal Court in order to determine whether that Court has jurisdiction to hear a trespass claim arising out of Petitioners’ performance of their official duties that the Ute Indian Tribe brought against them in the Ute Tribal Court?
Lower court materials here.
UPDATE:
Keepseagle v. Perdue Cert Petition
Here:
Questions presented:
1. Whether the application of cy pres to this class action settlement is inappropriate because the class members have not been adequately compensated and whether this adequate compensation is best accomplished by awarding all settlement funds to the class.
2. Whether the district court failed to meet its obligation pursuant to FRCP 23(e)(1)(C) by ensuring a fair, reasonable, and adequate distribution to the class members.
3. Whether the class representatives and the class counsel engaged in self-dealing, collusion, and fraud; as well as, breaches of fiduciary duty to the class and whether those breaches should result in disgorgement of fees and incentive awards.
4. Whether it is time to set aside cy pres in class action settlement agreements because such provisions promote hidden objectives, give unfettered authority to non-parties, are unfair as a general matter, and the goals of selected entities [*9] fail to correspond to the interests of the class.
SCOTUS Denies Cert in Great Plains Lending & Quapaw Gaming Cases
Here is yesterday’s order list.
The materials in Great Plains Lending v. CFPB are here.
The materials in Kansas v. NIGC are here.
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