cert petition – Page 33

Does Michigan v. Bay Mills Indian Community, 134 S.Ct. 2024 (2014), require the dismissal of a State’s suit to prevent tribal officers from conducting gaming that would be unlawful under the Indian Gaming Regulatory Act and a state-tribal compact when

• the suit for declaratory and injunctive relief has been brought against tribal officials – not the tribe;

• the gaming will occur in Indian country, on the land of another tribe; and

• the state-tribal compact’s arbitration provision does not require arbitration before filing suit?

Lower court materials here.

CashCall v Inetianbor is SCOTUSBlog Petition of the Day

March 16, 2015Matthew L.M. Fletcher

Here.

Materials here.

SCOTUS Denies Cert in Yakama Indian Nation v. McKenna

March 9, 2015Matthew L.M. Fletcher

Here is today’s order list.

The cert petition is here.

SCOTUS Declines Review of Stockbridge-Munsee Land Claims Dismissal; Also Native Wholesale Supply Petition against Oklahoma

March 2, 2015Matthew L.M. Fletcher

Here is the order list for today.

The Stockbridge petition is here.

Western Sky Financial v. Jackson Cert Stage Materials

February 24, 2015April 10, 2015Matthew L.M. Fletcher1 Comment

Here:

Western Sky v Jackson Cert Petition

Jackson Cert Opp Brief

Western Sky Cert Stage Reply

Questions presented:

I. Whether the validity of an arbitration clause is determined exclusively by the statutory requirements of the Federal Arbitration Act (“FAA”), as held by the First, Fourth, Fifth, and Eleventh Circuits – or by a common-law “reasonableness” test, as held by the Seventh Circuit below?

II. Whether a court may apply a state law defense in a manner that disfavors arbitration by voiding an entire arbitration clause merely because the contractually-designated arbitrator is unavailable, notwithstanding the FAA’s express directive to appoint a substitute arbitrator?

III. Whether the Seventh Circuit erroneously – and in conflict with the Second and Eighth Circuits – required a non-tribal-member’s physical entry onto the relevant Indian reservation in connection with a transaction with a tribal member before ordering tribal court exhaustion of judicial claims arising from the transaction?

Lower court materials here.

Stockbridge-Munsee Cert Stage Reply

February 16, 2015Matthew L.M. Fletcher

Here:

2-10-15 Stockbridge ReplyBr. No.14-538

Confederated Tribes and Bands of the Yakama Indian Reservation v. McKenna Cert Petition

February 11, 2015Matthew L.M. Fletcher1 Comment

Here:

cert petition

Question presented:

Whether federal courts called upon to enforce Indian treaty protections in tribal challenges to State regulation may enter judgment against the Indian Tribe without considering evidence and entering findings of fact on the Indians’ understanding of the United States’ treaty promises.

Lower court materials here.

Supreme Court Cert Opposition Briefs in Stockbridge-Munsee Land Claim

January 28, 2015Matthew L.M. Fletcher

Here (thanks to the Supreme Court Project page):

State of New York Brief in Opposition

Oneida Indian Nation Brief in Opposition

The petition is here.