Here is the order list.
Here are the cert stage briefs in both cases.
Supreme Court Denies Cert in Daugaard/Hein/South Dakota v. Yankton Sioux and Miccosukee v. Kraus-Anderson
Here is the order list.
Here are the cert stage briefs in both cases.
Miccosukee Tribe v. Kraus-Anderson Construction Co.
Miccosukee and Yankton Cert Petitions are Petitions to Watch (SCOTUSblog)
Here. Here are the Miccosukee materials:
Title: Miccosukee Tribe v. Kraus-Anderson Construction Co.
Docket: 10-717
Issue(s): Whether an action to obtain recognition of an Indian tribal court judgment presents a federal question under 28 U.S.C. § 1331.Certiorari stage documents:
- Opinion below (11th Circuit)
- Petition for certiorari
- Respondent’s brief in support of petition for certiorari
- Supplemental brief for petitioner (forthcoming)
CVSG Information:
- Invited: January 24, 2011
- Filed: May 20, 2011 (Deny)
And here are the Yankton materials:
Miccosukee Supplemental Brief in Support of Cert Petition in Miccosukee v. Kraus-Anderson
Supreme Court CVSG’s Miccosukee Tribe v. Kraus-Anderson Construction
SCOTUSBlog Petition of the Day: Miccosukee v. Kraus-Anderson
Here. Interesting petition, if for no other reason than the respondent supports the petition (!!!).
Title: Miccosukee Tribe v. Kraus-Anderson Construction Co.
Docket: 10-717
Issue(s): Whether an action to obtain recognition of an Indian tribal court judgment presents a federal question under 28 U.S.C. § 1331.
Certiorari-Stage Documents:
- Opinion below (11th Cir.)
- Petition for certiorari
- Respondent’s brief in support of petition for certiorari
ETA-the petition was listed as a petition to watch by SCOTUSblog on 1/20 because it will likely be considered by the Justices at their 1/21 conference.
Non-Indian Business Concurs in Miccosukee Tribe Cert Petition over Enforcement of Tribal Court Judgments
Very surprising! It is exceptionally rare for a private, non-Indian respondent that has won below to file a brief in support of a tribal cert petition.
Here is the brief: Kraus-Anderson Brief in Support of Petition
And the petition, with link to lower court materials.
Briefs in Miccosukee Decision on Enforcement of a Tribal Court Judgment in 11th Circuit
Eleventh Circuit Holds that Indian Tribes Cannot Sue to Enforce Tribal Court Judgment against Parties Located in the Same State
Baffling.
Here is the opinion in Miccosukee Tribe v. Kraus-Anderson Constr. Co.: 11th Circuit Opinion
And here is the Tribe’s complaint, which includes the 166-page tribal court opinion as an attachment: Miccosukee Complaint w Tribal Court Decision
Here is the court’s summary of the case:
In 2004, Kraus-Anderson Construction Company (“Kraus-Anderson”) sued the Miccosukee Tribe of Indians of Florida (the “Tribe”) for breach of contract in the Miccosukee Tribal Court. The Tribe denied liability and counterclaimed, alleging that Kraus-Anderson was the breaching party. Following a trial on the merits, the Tribal Court denied Kraus-Anderson’s claims and, finding for the Tribe on its counterclaim, awarded the Tribe a judgment of $1.65 million. Kraus-Anderson petitioned the Tribe’s Business Council for leave to appeal the judgment to the Tribe’s General Council, which acts as the Tribal Court of Appeals. The Council denied Kraus-Anderson’s petition.
Kraus-Anderson refused to satisfy the Tribal Court’s judgment, so the Tribe brought suit against Kraus-Anderson in the United States District Court for the Southern District of Florida to enforce it. As an affirmative defense, Kraus-Anderson alleged that, in denying its petition for leave to appeal the Tribal Court’s judgment, the Business Council denied it due process of law, thereby rendering the judgment void. On cross-motions for summary judgment, the district court, relying on principles of comity, held the judgment unenforceable and granted Kraus-Anderson summary judgment. The Tribe now appeals. We reverse and remand the case to the district court with the instruction that it dismiss the case for lack of subject matter jurisdiction.
I’m willing to bet a dollar that the real reason for the 11th Circuit’s decision is based entirely on the fact that the tribal council sits as the tribal appellate court.
If anyone has the appellate briefs, please send. 🙂
Turtle Talk 