cert petition – Page 58

API was a non-Indian-owned business hired by a tribal group (or individual) to enter into a tribal governmental office to retrieve documents and perform other security-related tasks. The tribal court held it had jurisdiction under Montana 2 to adjudicate contract and tort claims relating to that activity. There probably isn’t a better fact pattern for a Montana 2 “political integrity” exception to Montana’s general rule.

Oklahoma Cert Opposition Brief in Osage Reservation Disestablishment Case

January 12, 2011Matthew L.M. Fletcher

Here: Final OTC Brief in Opposition

And the petition is here (again): Osage cert petition

SCOTUSBlog Petition of the Day: Miccosukee v. Kraus-Anderson

January 12, 2011January 20, 2011Matthew L.M. Fletcher1 Comment

Here. Interesting petition, if for no other reason than the respondent supports the petition (!!!).

Title: Miccosukee Tribe v. Kraus-Anderson Construction Co.
Docket: 10-717
Issue(s): Whether an action to obtain recognition of an Indian tribal court judgment presents a federal question under 28 U.S.C. § 1331.

Certiorari-Stage Documents:

ETA-the petition was listed as a petition to watch by SCOTUSblog on 1/20 because it will likely be considered by the Justices at their 1/21 conference.

Today’s Supreme Court Conference: Indian Law Petitions Up for Discussion

January 7, 2011Matthew L.M. Fletcher2 Comments

There are two (actually three) petitions that will be discussed at least indirectly at today’s Conference (SCOTUSblog link here). We will know Monday if any of these petitions are granted, and later in the week if any are denied. In order of our estimates of the chance of a grant, here they are:

Significant likelihood (perhaps over 50 percent), based entirely on the fact that the Court typically grants far more than half of the federal government’s cert petitions:

Title: United States v. Jicarilla Apache Nation
Docket: 10-382
Issue(s): Whether the attorney-client privilege entitles the United States to withhold from an Indian tribe confidential communications between the government and government attorneys implicating the administration of statutes pertaining to property held in trust for the tribe.

Certiorari-Stage Documents:

Likely being held for discussion depending on the determination in Jicarilla is the U.S. v. Eastern Shawnee petition (here).

Continue reading →

Non-Indian Business Concurs in Miccosukee Tribe Cert Petition over Enforcement of Tribal Court Judgments

December 30, 2010Matthew L.M. Fletcher1 Comment

Very surprising! It is exceptionally rare for a private, non-Indian respondent that has won below to file a brief in support of a tribal cert petition.

Here is the brief: Kraus-Anderson Brief in Support of Petition

And the petition, with link to lower court materials.

Cert Petition in Hawaiian Blood Quantum Dispute

December 30, 2010December 23, 2010Matthew L.M. Fletcher

Here is the petition in Day v. Apoliona: Day Cert Petition

Question presented:

Whether officials of the State of Hawaii may expend funds subject to the trust established by § 5(f) of the Hawaii Admission Act for the betterment of Hawaiians without regard to the blood quantum established by § 201(a)(7) of the Hawaiian Homes Commission Act, 1920?

Lower court opinion here.