Eleventh Circuit

Eleventh Circuit Holds that Navajo Attorney Assigned to ICWA Matter in Florida Covered by Federal Tort Claims Act

Matthew L.M. Fletcher

Here is the opinion in Colbert v. United States.

Briefs:

1 US Opening Brief

2 Navajo Amicus Brief

3 Colbert Brief

4 US Reply

SCOTUS Denies Cert in CashCall v. Inetianbor

Matthew L.M. Fletcher

Here is the order list.

We posted the cert stage briefs here.

Lower court materials here.

District court materials here.

Eleventh Circuit Briefs in Seminole Tribe Rental and Gross Receipts Tax Challenge

Matthew L.M. Fletcher3 Comments

Here:

Florida Opening Brief

Seminole Answer Brief

Reply brief TK

Lower court materials here.

SCOTUS Denies Cert in Seminole Tribe v. Florida

Matthew L.M. Fletcher

Here.

The cert petition is here.

SCOTUSBlog Lists Seminole Tribe v. Florida as Petition to Watch for Friday’s Conference

Matthew L.M. Fletcher

Here. And the cert stage briefs here.

I predict a decent chance for a CVSG but the Court ultimately will deny this one.

Lower court materials and my commentary here.

Opening Eleventh Circuit Brief in Seminole Tribe Rental and Gross Receipts Tax Challenge

Matthew L.M. Fletcher

Here:

Florida Opening Brief

Lower court 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.

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.

Eleventh Circuit Briefs and Updated Materials in IRS Subpoena Controversy with Miccosukee

Matthew L.M. Fletcher1 Comment

Here are the appellate materials in United States v. Billie:

Miccosukee Opening Brief

US Appellee Brief

Billie Reply

District court materials:

19 Miccosukee Response to Summons

21 US Reply

26 DCT Order Enforcing Subpoena

31 Miccosukee Motion to Stay

33 US Response

34 DCT Order Denying Motion for Stay

35 US Motion for Contempt 36 DCT Order Denying Motion

38 US Second Motion for Contempt

Eleventh Circuit Affirms Inetianbor v. Cashcall

Matthew L.M. Fletcher2 Comments

Here is the opinion. An excerpt:

This appeal arises out of a disagreement between Abraham Inetianbor, who borrowed money at a high interest rate, and CashCall, Inc., the servicer of Mr. Inetianbor’s loan. Mr. Inetianbor filed a lawsuit against CashCall, which then sought to compel arbitration based on the loan agreement. The District Court ultimately refused to compel arbitration because the arbitration agreement in the loan document contained a forum selection clause that was integral to the agreement, and the specified forum was not available to arbitrate the dispute. CashCall appeals that decision here. After careful review, and with the benefit of oral argument, we affirm.

Briefs here:

Opening Brief

Answer Brief

Reply Brief

Lower court materials here.