cert petition

Sauk-Suiattle v. Seattle Cert Petition

Matthew L.M. Fletcher

Here:

Cert Petition.pdfDownload

Questions presented:

  1. Is the court-created “futility” doctrine, which allows a United States court to decide a case removed from state court even though it lacks jurisdiction, repugnant to Article III of the Constitution?
  2. Does application of the so-called “futility” doctrine by a United States court to decide a case over which it lacks jurisdiction contravene 28 U.S.C. 1447(c), the plain language of which requires remand of the cause to the state court from which it was removed?
  3. Should the Supreme Court grant certiorari to reconcile a conflict among the circuit courts of appeal regarding the validity of the futility doctrine?

Lower court materials here.

SCOTUS Denies Cert in Challenge to Spokane Tribe Water Agreement

Matthew L.M. Fletcher

Here is today’s order list.

The denied petition is Sulgrove v. Spokane Indian Tribe.

Lower court materials here.

This has nothing to do with this case.

SCOTUS Grants LDF v. Coughlin

Matthew L.M. Fletcher

Here is the order.

Cert stage briefs here.

Merits Stage Briefs in Arizona v. Navajo Nation/Dept. of the Interior v. Navajo Nation

Matthew L.M. Fletcher

Here:

All this water is Navajo.
Interior Brief.pdfDownload
Arizona Merits Brief.pdfDownload
Colorado Merits Brief.pdfDownload
Western Water Users Amicus.pdfDownload

SCOTUS Denies Cert in Tribal Jurisdiction Case

Matthew L.M. Fletcher

Here is today’s order list.

The denied petition is Big Horn County Electric Cooperative Inc. v. Big Man.

Big Horn v. Big Man. Winner? Big Man.

SCTOUS Grants United States and Arizona Petitions in Navajo Water Case

Matthew L.M. Fletcher

Here was yesterday’s order.

Prior post here.

Thinking if SCOTUS had some good frybread, they’d let Indian country have the nice things we deserve, like an enforceable duty of protection.

Slockish v. Dept. of Transportation Cert Petition

Matthew L.M. Fletcher

Here:

slockish-petitionDownload

Question presented:

Whether the Ninth Circuit’s mootness ruling warrants summary reversal where the panel clearly misapprehended governing law on mootness and on the authority of federal courts to order equitable relief affecting nonparties.

Lower court materials here.

Lac Du Flambeau Ojibwe Cert Petition in Bankruptcy Act/Sovereign Immunity Case

Matthew L.M. Fletcher

Here is the petition in Lac du Flambeau Band of Lake Superior Chippewa Indians v. Coughlin:

ldf-cert-petitionDownload

Question presented:

Whether the Bankruptcy Code expresses unequivocally Congress’s intent to abrogate the sovereign immunity of Indian tribes.

Lower court materials here.

Update:

Law Profs Amicus Brief.pdfDownload
Org Amicus Brief.pdfDownload
Coughlin BIO.pdfDownload

Cert Stage Materials in Lopez v. Quaempts

Matthew L.M. Fletcher

Here:

Petition for Writ of Certiorari.pdfDownload
Brief in Opposition.pdfDownload

Questions presented:

  1. Whether this Court, to allow for more complete state court tort remedies against individual tribal employees, as indicated in Lewis v. Clarke, 137 S. Ct. 1285 (2017), should clarify existing tribal sovereign immunity law to allow tort vic- tims to sue a tribe based on vicarious lia- bility when a tribe ratifies individual tribal employees’ actions giving rise to the state tort claims.
  2. Whether the lower court’s refusal to rec- ognize a tribe’s ratification of tribal em- ployees’ allegedly tortious acts, as an express waiver of sovereign immunity im- permissibly interferes with states’ rights to award remedies to tort victims.

Lower court materials here.

Goony

Cert Petition in Big Horn County Electric Cooperative Inc. v. Big Man

Matthew L.M. Fletcher

Here:

Big Horn Petition.pdfDownload
Big Horn Petition Appendix.pdfDownload

Question presented:

Whether an Indian tribal court has subject-matter jurisdiction to adjudicate a tribally created claim as an “other means” of regulating a nonmember federally funded and federally regulated electric cooperative tasked with providing electrical service to all customers within its service territory, including tribal members on Indian reservations?

Lower court materials here.

Update:

Big Man Brief in Opposition.pdfDownload
Reply.pdfDownload