Eighth Circuit

Does the Bracker test currently serve as a consistent and predictable rule of law in light of the exponential expansion of Indian gaming since 1988 and the fiscal demands the industry now places on state budgets?

Lower court materials here.

Eighth Circuit Briefs in City of Council Bluffs v. Dept. of Interior

February 17, 2020Matthew L.M. Fletcher

Here:

Appellants Brief

Addendum

Federal Appellee Brief

Ponca Tribe Amicus Brief

Lower court materials here.

Eighth Circuit Decides Enerplus Resources (USA) Corporation v. Wilkinson II

January 14, 2020Matthew L.M. Fletcher

Here is the unpublished opinion.

Briefs:

Appellant Brief

Appellee Brief

Prior posts here.

OSHA Petition for Review of Decision re: Red Lake Nation Fisheries [Eighth Circuit]

November 7, 2019December 4, 2020Matthew L.M. Fletcher

Here is the petition:

OSHA Petition + ALJ Decision

Here are the briefs:

SCOTUS Denies Cert in Oglala Sioux Tribe v. Fleming

October 7, 2019October 7, 2019Matthew L.M. Fletcher

Here is today’s order list.

Cert petition and lower court materials here.

Split Eighth Circuit Panel Holds Tax on Casino Patrons is Preempted by IGRA

September 6, 2019Matthew L.M. Fletcher

Here is the opinion in Flandreau Santee Sioux Tribe v. Noem (No. 18-1271).

Briefs here.

Split Eighth Circuit Panel Holds State Tax on Nonmember Contractor is not Preempted by IGRA

September 6, 2019Matthew L.M. Fletcher

Here is the opinion in Flandreau Santee Sioux Tribe v. Haeder (No. 18-2750).

Briefs here.

Turtle Talk

Eighth Circuit Affirms Murder Conviction [Pine Ridge]

SCOTUS Denies Cert in Noem v. Flandreau Santee Sioux Tax Case

Eighth Circuit Affirms Conviction of Serial Indian Country D.V. Offender

South Dakota Cert Petition in IGRA Preemption Case [updated with cert stage materials]