The two petitions are Malaterre v. Amerind Risk Management and K2 America v. Roland Oil & Gas.
Malaterre v. Amerind Risk Management
A CVSG for Malaterre v. Amerind?
The Malaterre v. Amerind cert petition is scheduled for this Friday’s Supreme Court Conference. Despite being a SCOTUSblog petition to watch, it really isn’t certworthy (though pretty much any tribal immunity-related petition attracts attention).
Might Malaterre be a candidate for CVSG, assuming it isn’t simply denied? Perhaps, for two reasons. First, the Court asked the OSG five times in the last couple Terms for the government’s views in Indian law cases. Second, the immunity question may depend on the Court’s interpretation and analysis of Section 17 of the Indian Reorganization Act.
Malaterre Cert Stage Reply Brief
Amerind Cert Opposition Brief
Malaterre v. Amerind Risk Management is SCOTUSBlog Petition of the Day
Here:
The petition of the day is:
Malaterre v. Amerind Risk Management Corp.
Docket: 11-441Issue(s): Whether a tribal business corporation formed pursuant to 25 U.S.C. § 477 with the aim of insuring Indian Housing Authorities may properly invoke tribal sovereign immunity as a ground for avoiding its contractual obligation to provide insurance coverage for liability claims arising from injuries sustained by tribal-member tenants in Indian housing units.
Certiorari stage documents:
Opinion below (8th Cir.)
Petition for certiorari
Malaterre v. Amerind Risk Management Cert Petition — Section 17 Corporation Immunity
Here is the petition:
And the questions presented:
Whether a tribal business corporation formed pursuant to 25 U.S.C. § 477 with the aim of insuring Indian Housing Authorities may properly invoke tribal sovereign immunity as a ground for avoiding its contractual obligation to provide insurance coverage for liability claims arising from injuries sustained by tribal-member tenants in Indian housing units.
Lower court materials here.
And for good measure, the Federal Reporter 3d version of the lower court opinion:
Turtle Talk 