Eleventh Circuit

Eleventh Circuit Rejects Claim that Federal Criminal Statutes of General Applicability Do Not Apply to Indians in Indian Country

Matthew L.M. Fletcher

Here are the materials in United States v. Brice:

CA11 Opinion

Opening Brief

Brief of the United States

Reply

Eleventh Circuit Decides Muscogee (Creek) Nation v. Rollin [Hickory Creek]

ilpc

Here is the opinion:

202111643Download

Briefs are here.

Eleventh Circuit Reverses Anti-Tribal Lending Decision

Matthew L.M. Fletcher

Here are the materials in Dunn v. Global Trust Management LLC:

CA11 Opinion.pdfDownload
Appellant Brief.pdfDownload
Tunica-Biloxi Amicus Brief.pdfDownload
Tribal Amicus Brief.pdfDownload
Appellees’ Brief.pdfDownload
NOT Tribal Amicus Brief.pdfDownload
Reply.pdfDownload

Lower court materials here.

Wonder what Uncle Brownie thinks. . . .

Eleventh Circuit Reinstates Contract Claims by Alabama-Quassarte Tribal Town Business Against Cherokee Tribal Business & Former Employee

Matthew L.M. Fletcher

Here is the opinion in AQate II LLC v. Myers.

Briefs:

Opening Brief.pdfDownload
Answer Brief.pdfDownload
Reply.pdfDownload

Lower court materials here.

Shan Goshorn

Eleventh Circuit Briefs in Muscogee (Creek) Nation v. Rolin [Hickory Creek]

ilpc

Here:

MCN Brief.pdfDownload
PBCI Brief.pdfDownload
US Brief.pdfDownload
Auburn Brief.pdfDownload

Reply brief TK

Lower court materials here.

Eleventh Circuit Affirms Dismissal of Contract Claim Finding Not Waiver of Sovereign Immunity

Matthew L.M. Fletcher

Here are the materials in Evans Energy Partners LLC v. Seminole Tribe of Florida Inc.:

Evans Energy Opening Brief.pdfDownload
Tribe Answer Brief.pdfDownload
Reply.pdfDownload
Unpublished Opinion.pdfDownload
Thanks to Bill Wood for this shield (get it?).

SCOTUS Denies Cert in Miccosukee Member’s Challenge to Federal Income Taxes on Per Capita Payments

Matthew L.M. Fletcher

Here is today’s order list.

Here are the cert stage materials in Clay v. Commissioner of Internal Revenue.

Clay v. Commissioner of Internal Revenue [Federal Taxes on Gaming Per Capita Payments]

Matthew L.M. Fletcher

Here:

Cert Petition

Question presented:

The question presented is: Whether the clear language of Title 25 of the Code of Federal Regulations, and the exclusive authority over federally recognized Indian Tribes granted to the Secretary of Interior under 25 U.S.C. § 2, controls the determination of how the Miccosukee Tribe compensates its members for the use of their lands, to the exclusion of any other federal agency, including the Internal Revenue Service.

Lower court materials here.

Eleventh Circuit Rules Against Miccosukee Members on Taxes on Gaming Per Cap Payments

Matthew L.M. Fletcher

Here is the opinion in Clay v. Commissioner of Internal Revenue.

Briefs:

Clay Brief

Commissioner’s Brief

Lower court decision here.

Materials in Suit against Lac Courte Oreilles Ojibwe Internet Lending Biz

Matthew L.M. Fletcher

Here are the materials in Easley v. Hummingbird Funds (S.D. Ala.):

34 Amended Complaint

37 Motion to Dismiss

69 Opposition

73 Reply

75 Magistrate Report

81 Objection

82 DCT Order

Eleventh Circuit briefs:

Opening Brief