cert petition

Wisconsin Files Cert Petition in Night Deer Hunting Case

Matthew L.M. Fletcher2 Comments

Here is the petition in Wisconsin v. Lac Courte Oreilles Band of Lake Superior Chippewa Indians:

Wisconsin Petition for Writ of Certiorari

Question presented:

A moving party under Fed. R. Civ. P. 60(b)(5) must show a significant change in factual  conditions or law that renders continued enforcement of a judgment detrimental to the public interest. The proceeding is not a relitigation of the underlying judgment. Here, the Seventh Circuit shifted the burden to the non-moving party (Wisconsin) to justify an underlying judgment that night hunting of deer was fundamentally unsafe. Does Rule 60(b)(5) permit shifting the burden to the non-moving party to justify the original judgment?

LCO Cert Opp

Seventh Circuit materials here.

CashCall v. Inetianbor Cert Stage Briefs

Matthew L.M. Fletcher3 Comments

Here:

CashCall Cert Petition

Inetianbor Cert Opp Brief

Questions presented:

I. Whether there is a non-textual “integrality exception” to the mandatory requirement in the Federal Arbitration Act (“FAA”) that a substitute arbitrator “shall” be appointed by the court whenever the parties’ chosen arbitrator is unavailable for “any … reason”? 9 U.S.C. § 5.

II. Whether a court may void an entire arbitration clause – and force the parties to litigate in court – despite the fact that the parties included a severance provision that, if applied, would render the arbitration clause enforceable?

Lower court materials here.

District court materials here.

Law Professors Amicus Brief in Stockbridge-Munsee Community v. New York

Kate Fort1 Comment

Here.

Previous coverage here.

SCOTUS Denies Cert in MM&A Productions v. Yavapai-Apache Nation (sovereign immunity)

Matthew L.M. Fletcher2 Comments

Here is the order list.

The cert petition is here.

Seminole Tribe v. Fla. Dept. of Revenue is SCOTUSBlog Petition of the Day

Matthew L.M. Fletcher1 Comment

Here.

SCOTUS Rejects Seneca County’s Effort to File Cert Petition Out of Time

Matthew L.M. Fletcher2 Comments

Here is the order list.

The Second Circuit decision at issue is here.

Supreme Court Denies Cert in Friends of Amador County v. Jewell

Matthew L.M. Fletcher2 Comments

Here is the order list.

Cert stage briefs here.

Lower court materials here.

Cert Stage Briefs in Seminole Tribe v. Florida Dept. of Revenue

Matthew L.M. Fletcher1 Comment

Here:

Seminole Cert Petition

Florida Cert Opp

Seminole Reply Brief

Question presented:

The question presented is whether sovereign immunity bars an American Indian tribe from seeking Ex parte Young relief from the unconstitutional enforcement of a state tax scheme merely because that relief might require refunds for taxes unlawfully collected in the future.

Lower court materials and my commentary here.

Friends of Amador County v. Jewell a Petition to Watch for This Week’s SCT Conference

Matthew L.M. Fletcher

Here:

Friends of Amador County v. Jewell
14-340
Issue: Whether, in an action by a third party against the Secretary of the Interior under the Administrative Procedure Act, 5 U.S.C. § 551 et seq., a putative Indian tribe may invoke its sovereign immunity to prevent a court from reviewing the lawfulness of the Secretary’s decision to recognize it as a tribe.

We posted on this matter here.

Also, the petition was yesterday’s petition of the day.

Friends of Amador County v. Jewell Cert Stage Briefs

Matthew L.M. Fletcher2 Comments

Here:

FAC Cert Petition

Buena Vista Rancheria Opposition

FAC Reply

Question presented:

Whether, in an action by a third party against the Secretary of the Interior under the Administrative Procedure Act, 5 U.S.C. 551 et seq., a putative Indian tribe may invoke its sovereign immunity to prevent a court from reviewing the lawfulness of the Secretary’s decision to recognize it as a tribe.

Lower court materials here.