Here:
Mississippi Choctaw Cert Opposition
Mississippi Choctaw Supplemental Brief
En banc petition materials here.
CA5 Order Denying Dolgencorp En Banc Petition
Panel materials here.
Lower court decision and materials here.
Here:
Mississippi Choctaw Cert Opposition
Mississippi Choctaw Supplemental Brief
En banc petition materials here.
CA5 Order Denying Dolgencorp En Banc Petition
Panel materials here.
Lower court decision and materials here.
Here:
2014-07-03 Washburn Letter to Norris re Trust Decision
This is on remand from the Ninth Circuit’s mandate.
Here:
6-30-14 Petition for Rehearing En Banc
An excerpt:
The panel decision conflicts with the May 19, 2014 decision of the United States Supreme Court in Petrella v.Metro-Goldwyn-Mayer, Inc., 134 S.Ct. 132; 188 L.Ed.2d 979 (2014) (Petrella). Petrella held that courts may not override Congress’ judgment and apply equitable defenses to summarily dispose of claims at law filed within a statute of limitations established by Congress. The panel’s Per Curiam decision ruled that Plaintiff-Appellant Stockbridge-Munsee Community’s (Stockbridge) damages claims, which were filed within the congressionally established limitations period, are barred by the Sherrill equitable defense. Stockbridge-Munsee Cmty. v. New York; Slip Op. at 8, 2014 WL 2782191 (2d Cir. June 20, 2014) (Slip Opinion attached as Appendix). The panel’s failure to follow Petrella warrants en banc review under Fed. R. Civ. P. 35.
Panel materials here.
Here:
Questions presented:
Whether Indian tribal courts have jurisdiction to adjudicate civil tort claims against nonmembers, including as a means of regulating the conduct of nonmembers who enter into consensual relationships with a tribe or its members?
Lower court materials here.
The court also voted 9-5 to deny the en banc petition: CA5 Order Denying Dolgencorp En Banc Petition
En banc petition materials here.
Panel materials here.
Lower court decision and materials here.
Here:
2014 0611 Order Granting Petition for Rehearing En Banc
En banc petition here. Supporting amicus briefs here.
Lower court materials here.
Here:
Criminal Defense Attorney Amicus
Prior posts here (order granting en banc review), and links to briefs here.
Here:
Big Lagoon v California – 64 – US brief
Big Lagoon v California – 67-2 – NCAI USET brief
Big Lagoon v California – 68 – CILS Ltr
The en banc petition is here.
The panel materials are here.
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