En Banc Petitions in Penobscot v. Mills

Here:

Tribe En Banc Petition

US En Banc Petition

Prior case materials here.

Split First Circuit Rules against Penobscot Nation Rights

Here is the opinion in Penobscot Nation v. Mills.

Here are the materials.

First Circuit Rules in Favor of Aquinnah in Gaming Dispute

Here is the opinion in Commonwealth of Massachusetts v. Wampanoag Tribe of Gay Head (Aquinnah).

Briefs here.

First Circuit Brief in Penobscot Nation v. Mills

Here:

Penobscot Brief

US Brief

State Defendants Brief

State Intervenors Brief

Penobscot Reply

US Reply

Lower court materials here.

First Circuit Briefs in Commonwealth of Massachusetts v. Wampanoag Tribe of Gay Head (Aquinnah)

Here:

Tribe Brief

US Amicus Brief

State Brief

Tribe Reply

Lower court materials here.

First Circuit Rejects Narragansett Interlocutory Appeal in Sovereign Immunity Matter (Waited Too Long to Appeal Denial of Motion for Reconsideration)

Here is the opinion in Luckerman v. Narragansett Indian Tribe:

CA1 Opinion

An excerpt:

Surveying the foregoing, a prior duty panel of this court cleared the underbrush by  dismissing as untimely any appeal from the denial of the Motion to Dismiss. Luckerman v. Narragansett Indian Tribe, No. 14-1106, Order at 1 (1st Cir. Aug. 29, 2014). That decision obviates the need to decide whether we would have had jurisdiction over an interlocutory appeal from the Motion to Dismiss. We do need to decide, though, whether we have appellate jurisdiction under the collateral order doctrine to review the only order before us: the denial of the untimely Rule 59(e) Motion. For the reasons described below, we conclude that the denial of the Tribe’s untimely Rule 59(e) Motion does not qualify as a collateral order that we may review prior to the end of the litigation in the district court.

Briefs here.

First Circuit Briefs in Luckerman v. Narragansett Tribe

Here:

Narrangansett Brief

Luckerman Brief

Narragansett Reply

Lower court materials here.

Judge Gorton Holds Massachusetts Gaming Act Passes Constitutional Scrutiny

Here are the materials in KG Urban v. Patrick (D. Mass.):

140 Mass Gaming Commission Motion for Summary J

143 KG Urban Motion for Summary J

151 KG Urban Opposition

152 Mass Gaming Commission Opposition

153 Mass Gaming Commission Reply

160 DCT Opinion

News coverage here.

Prior posts in this case are here, here, here, and here. First Circuit materials are here.

First Circuit Remands Equal Protection Challenge to Mass. Gaming Law; Remands for Trial on Merits (and Carcieri)

The opinion is here.

Excerpts:

Given this situation, the lack of clear answers on questions of both state and federal law, the shifting of the nature of the injury to KG, and the apparent attempt to allow some time for the IGRA process to work (including any Carcieri fix), we cannot say there was an abuse of discretion in the denial of preliminary injunctive relief. “An injunction is an exercise of a court’s equitable authority, to be ordered only after taking into account all of the circumstances that bear on the need for prospective relief.” Salazar v. Buono, 130 S. Ct. 1803, 1816 (2010). “Equitable relief is not granted as a matter of course, and a court should be particularly cautious when contemplating relief that implicates public interests.” Id. (citations omitted).

And:

The district court’s dismissal of the complaint is another matter. We simply cannot say that KG’s equal protection claim as to § 91 fails to state a claim on which relief may be granted, or that the issuance of equitable relief may not be appropriate at some future date.
We also affirm the dismissal with prejudice of KG’s claims as to the $5 million appropriation, the advisory committee seat, and the preemption challenge to § 91. We dismiss KG’s state-law claims without prejudice. We remand the case for further proceedings consistent with this opinion.

KG Urban Reply Brief in First Circuit Appeal

Here:

KG Urban Reply Brief