Federal Circuit – Page 3 – Turtle Talk

SCOTUS Denies Cert in St. Regis Mohawk v. Mylan

April 15, 2019Matthew L.M. Fletcher

Here is today’s order list.

Cert stage materials in that case are here.

St. Regis Mohawk v. Mylan Pharma Cert Petition

January 15, 2019March 21, 2019Matthew L.M. Fletcher

Here:

cert-petition-1.pdf

Question presented:

Whether inter partes review before the Patent Trial and Appeal Board is the type of proceeding in which tribal sovereign immunity may be asserted.

Lower court materials here.

Update:

Mylan BIO

St. Regis Reply

En Banc Petition Materials in St. Regis Mohawk Tribe v. Mylan Pharmaceuticals

September 10, 2018Matthew L.M. Fletcher

Here:

En Banc Petition

States Amicus Brief

University of Minnesota Brief

University of New Mexico Amicus Brief

Prior posts here.

Federal Circuit Rejects Trust Breach Claim for Water by Crow Creek Sioux Tribe

August 20, 2018August 18, 2018Matthew L.M. Fletcher

Here is the opinion in Crow Creek Sioux Tribe v. United States.

Briefs:

Crow Creek Opening Brief

US Response Brief

Lower court materials.

Federal Circuit Reinstates Tucker Act Claim re: Keepseagle Settlement

August 17, 2018Matthew L.M. Fletcher

Here is the opinion in LaBatte v . United States.

Briefs:

Lower court materials here. D.C. Circuit proceedings here.

Federal Circuit Rejects Tribal Immunity in Patent Litigation

July 20, 2018Matthew L.M. Fletcher

Here is the opinion in St. Regis Mohawk Tribe v. Mylan Pharmaceuticals:

18-1638.opinion.7-20-2018

Briefs here.

Federal Circuit Briefs in St. Regis Mohawk Tribe v. Mylan Pharmaceuticals

April 19, 2018May 15, 2018Matthew L.M. Fletcher

Here:

Opening Brief filed

Appellee Brief Filed

R Street amicus

Amicus Brief of United States

Federal Circuit Stays PTAB Tribal Immunity Decision

March 28, 2018March 28, 2018Matthew L.M. Fletcher

Here are the materials in St. Regis Mohawk Tribe v. Mylan Pharmceuticals:

Motion for Stay

Stay of PTAB Decision

Federal Circuit Vacates Tribal Win in NAHASDA Suit

September 13, 2017September 13, 2017Matthew L.M. Fletcher1 Comment

Here are the materials in Lummi Tribe v. United States.

US Opening Brief

Lummi Response Brief

An excerpt from the opinion:

The government seeks review of a September 30, 2015 order of the Court of Federal Claims (the “Claims Court”). See Order, Lummi Tribe of the Lummi Reservation v. United States, No. 08-848C (Fed. Cl. Sept. 30, 2015), ECF No. 121. In that order, the Claims Court reaffirmed its prior ruling that the Native American Housing Assistance and Self-Determination Act of 1996 (“NAHASDA”) is money mandating, giving the Claims Court jurisdiction over appellees’ claims. Id. On June 9, 2016, this court granted the government’s petition for interlocutory appeal to “ensure that the Court of Federal Claims is the court of proper jurisdiction before requiring it and the parties to undergo extensive unnecessary proceedings.” Order at 3, Lummi Tribe of the Lummi Reservation v. United States, No. 2016-124 (Fed. Cir. June 9, 2016), ECF No. 1-2. For the following reasons, we vacate and instruct the Claims Court to dismiss this action for lack of subject-matter jurisdiction.