Eighth Circuit Holds OSHA Does Not Apply to Red Lake Treaty Fishing Activities

Here is the opinion in Scalia v. Red Lake Nation Fisheries Inc.:

CA8 Opinion

Briefs here.

SCOTUS Remands Four Okla. Criminal Cases, Grants Cert in Financial Services Cases Involving Tribal Businesses

Here is today’s order list.

The Court granted review in AMG Capital Management LLC v. Federal Trade Commission. Here is the Ninth Circuit’s opinion in FTC v. AMG Capital Management LLC. District court materials here.

Buchwald Capital Advisors LLC v. Sault Ste. Marie Tribe of Chippewa Indians Cert Petition [Bankruptcy Code + Sovereign Immunity]


buchwald cert petition

Question presented:

Whether the Bankruptcy Code abrogates the sovereign immunity of Indian tribes.

Lower court materials here.

Split Sixth Circuit Panel Confirms Tribal Immunity in Bankruptcy Act Proceedings

Here is the opinion in In re Greektown Holdings LLC.





Lower court materials and prior posts here.

Great Plains Lending v. Consumer Financial Protection Board Cert Petition


Cert Petition

Question presented:

Whether a generally applicable federal statute, which is silent as to its applicability to Indian Tribes, should nevertheless be presumed to apply to Tribes.

Lower court materials here.


Alex Skibine on Federal Statutes of General Applicability

Alexander Tallchief Skibine has posted “Practical Reasoning and the Application of General Federal Regulatory Laws to Indian Nations” on SSRN.

Here is the abstract:

There are many Federal regulatory laws of general applicability, such as the NLRA, FLSA, ADEA and ADA, that do not specify whether they are applicable to Indian Nations inside Indian reservations. Because the United States Supreme Court has never issued a final ruling on this issue, the federal circuit court of appeals have developed no less than four different approaches to determine whether such regulatory laws should apply to Indian nations. After describing and evaluating the four approaches, this Article recommends applying “Practical Reasoning” to interpret congressional silence concerning application of those laws to Indian nations. Practical Reasoning is a theory of statutory interpretation developed by Professor William Eskridge and the late Professor Philip Frickey. According to these two scholars, “Practical Reasoning” is an “approach that eschews objectivist theories in favor of a mixture of inductive and deductive reasoning seeking contextual justification for the best legal answers among the potential alternatives.” Applying this theory, the Article explains why the approaches developed by the Tenth Circuit as well as in a 1993 opinion authored by Judge Posner for the Seventh Circuit, are more consistent with Practical Reasoning.

Federal Court Holds Tribes Immune from Fair Credit Reporting Act Claims

Here are the materials in Meyers v. Oneida Tribe of Indians of Wisconsin (W.D. Wis.):

14 Oneida Motion to Dismiss

19 Meyer Opposition

20 Oneida Reply

23 DCT Order

FTC Wins Another Motion in Suit against Various Tribal Payday Lenders

Here are the updated materials in Federal Trade Commission v. AMG (D. Nev.):

444 MJ Report

448 Little Axe Objection

449 AMG et al Objection

451 FTC Response

559 DCT Order Adopting MJ Report

Prior post in this part of the litigation is here. The post related to the partial settlement is here. Other posts are here and here.