en banc petition

Fifth Circuit Panel Issues Amended Opinion in Dolgencorp v. Mississippi Band of Choctaw Indians

Matthew L.M. Fletcher2 Comments

Here is the amended opinion:

CA5 Amended Opinion

The main amendment appears to be that the panel will no longer rely upon the Ninth Circuit’s holding in Water Wheel — and instead finds that the tribe retains jurisdiction over the underlying tort claim under the Montana 1 consensual relations exception.

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.

Big Lagoon Rancheria En Banc Petition

Matthew L.M. Fletcher2 Comments

Here:

Petition for Panel Rehearing

The panel materials are here.

Sixth Circuit Denies Sault Tribe Motion to Reconsider Stay

Matthew L.M. Fletcher1 Comment

Here:

CA6 Order Denying Reconsideration

Prior posts on the stay are here and here. Panel materials here.

En Banc Petition Materials in Michigan v. Sault Tribe

Matthew L.M. Fletcher

Here:

2014-01-16 Petition for Panel Rehearing with a Suggestion for Rehearing …

2014-01-22 NHBPI Motion for leave to file amicus brief -rehearing

2014-01-23 NHBPI Amicus Curiae Brief in Support of St of MI Pet

2014-01-23 Order Granting Motion for Leave to file Amicus Brief NHBPI

Panel materials are here.

Additional Briefing in United States v. Zepeda — US Renews En Banc Plea

Matthew L.M. Fletcher5 Comments

Here:

US Supplemental Brief

Zepeda Supplemental Brief

Prior post with links to all materials here.

Fifth Circuit En Banc Petition Materials in Dolgencorp v. Mississippi Band of Choctaw Indians

Matthew L.M. Fletcher5 Comments

Here:

DOLGENCORP En Banc Petition

Tribal Response

CA5 panel materials are here.

Ninth Circuit Denies En Banc Review in Chehalis Great Wolf Lodge Tax Case

Matthew L.M. Fletcher

Here:

CA9 Order Denying En Banc Review

The petition is here.

Panel materials are here.

Ninth Circuit Issues Amended Opinion in Zepeda — Same Outcome, Different Reasoning

Matthew L.M. Fletcher6 Comments

Here are the new materials:

CA9 Amended Opinion

US En Banc Petition

Zepeda Response to En Banc Petition

From Judge Watford’s now-much-shortened dissent:

I agree with much of the majority’s analysis, particularly its conclusion that whether a tribe has been recognized by the federal government is a question of law. But I disagree with the majority’s ultimate determination that the government failed to present sufficient evidence from which a rational jury could infer that Zepeda has a blood connection to a federally recognized tribe. Under Jackson v. Virginia, 443 U.S. 307, 319 (1979), a rational jury could certainly infer that the reference in Zepeda’s tribal enrollment certificate to “1/4 Tohono O’Odham” is a reference to the federally recognized Tohono O’odham Nation of Arizona.

Panel materials are here.

Materials on affected appeals are here.

Thurston County Files En Banc Petition in Ninth Circuit Appeal

Matthew L.M. Fletcher2 Comments

Here:

Thurston Co en banc petn

Panel materials are here.

Ninth Circuit Withdraws Zepeda Opinion

Matthew L.M. Fletcher

Here. The order:

The opinion in this case filed on January 18, 2013, and reported at 705 F.3d 1052 is hereby withdrawn. The opinion shall not be cited as precedent by or to any court of the Ninth Circuit. The court will file a new opinion in due course. As the court’s opinion is withdrawn, the government’s petition for rehearing and rehearing en banc is moot.

Materials in this case and related cases are here.