United Parcel Service Inc. v. New York Cert Petition

Here:

UPS Cert Petition

Appendix

New York Brief in Opposition

Questions presented:

1. The Contraband Cigarette Trafficking Act prohibits the knowing transportation of “a quantity” of more than 10,000 untaxed cigarettes in the “possession” of unauthorized persons. 18 U.S.C. § 2341(2). The first question presented is whether multiple shipments from different shippers may be aggregated to satisfy the 10,000-cigarette threshold.
2. The Prevent All Cigarette Trafficking Act of 2009 exempts UPS by name if its tobacco-delivery agreement with New York is “honored” nationwide. 15 U.S.C. § 376a(e)(3)(B)(ii)(I). The second question presented is whether substantial compliance is a prerequisite to this statutory exemption.

Second Circuit materials here:

CA2 Opinion

UPS Brief

New York Opening Brief

UPS Reply

New York Reply

DCT materials here.

Fourth Circuit Briefs in Case Involving Tribal Sovereign Lending of Habematolel Pomo of Upper Lake

Here are the briefs in Hengle v. Treppa:

Appellant Brief

Habematolel Pomo of Upper Lake Consumer Financial Services Regulatory Commission Amicus Brief

NAFOA Amicus Brief

New Mexico Amicus Brief

Lower court materials here.

St. Regis Mohawk Tribe, Pala Band, Fond du Lac & Oglala Sue Juul for Targeting Tribal Youth

Here is the complaint in St. Regis Mohawk Tribe v. Juul Labs, Inc. (N.D. Cal.):

1 Complaint

Here is the complaint in Pala Band of Mission Indians v. Juul Labs, Inc. (N.D. Cal.):

1 Complaint

Here is the complaint in Oglala Sioux Tribe v. Juul Labs, Inc. (N.D. Cal.):

1 Complaint

Here is the complaint in Fond du Lac Band of Lake Superior Chippewa v. Juul Labs, Inc. (N.D. Cal.):

1 Complaint

Spring Pandemic Update in Williams & Cochrane v. Quechan & Rosette Litigation [updated]

Here are new materials in in Williams & Cochrane LLP v. Quechan Tribe of the Fort Yuma Reservation (S.D. Cal.):

235-1 W&C Amended Motion for Judgment on Pleadings

248 Quechan Response to W&C Motion for Judgment on Pleadings

254-1 Rosette Motion for Sanctions

258 W&C Reply in Support of Motion for Judgment on Pleadings

267 W&C Response to Motion for Sanctions

268 Rosette Reply in Support of Motion for Sanctions

285 DCT Order

Update (6/24/20):

292-1 W&C Motion for Reconsideration

311 Quechan Response to 292

313 DCT Order Denying Motion for Reconsideration

Case tag here.

Federal Court Dismisses Malicious Prosecution Suit against Blue Lake and Outside Counsel by Former Business Partner

Here are the materials in Acres Bonusing Inc v. Marston (N.D. Cal.):

1 Complaint

1-2 Tribal Court Opinion

29-1 Boutin Jones Defendants MTD

30-1 Boutin Jones Anti-SLAPP Motion

31 Janssen Malloy Defendants Anti-SLAPP Motion

32-1 Marston Defendants MTD

33 Janssen Malloy Defendants MTD

38 ABI Motion for Sanctions

40 JM Defendants Response to 38

43 ABI Response to BJ MTD

44 ABI Response to JM MTD

45 ABI Response to Marston MTD

46 ABI Reply in Support of Motion for Sanctions

47 JM Reply

48 BJ Reply

49 Marston Reply

50 ABI Response

50-1 Marston Anti-SLAPP Motion

52 Marston Response to ABI Motion to Strike

56 ABI Response to BJ Anti-SLAPP Motion

57 ABI Response to JM Anti-SLAPP Motion

58 ABI Response to Marston Anti-SLAPP Motion

59 JM Reply in Support of Anti-SLAPP Motion

60 BJ Reply in Support of Anti-SLAPP Motion

62 Marston Reply in Support of Anti-SLAPP Motion

65 DCT Order

Related cases here.

Materials in Modoc Nation Suit against Former Business Partner, Softek

Here are the materials (so far) in Modoc Nation v. Shah (N.D. Okla.):

29 Amended Complaint

75 Motion to Dismiss Complaint

77 Motion to Dismiss Counterclaims

82 Second Amended Counterclaims

93 Counterclaim Defendants MSJ

97 Response to 93

100 Response to 77

102 Tribe Response to 75

Update in Pinoleville Pomo Nation Gaming & RICO Dispute [updated]

Here are the updated materials in JW Gaming Development LLC v. James (N.D. Cal.):

178 DCT Order

184 Defendants Motion for Summary Judgment

186 Plaintiffs Response

191 Plaintiffs Motion for Summary Judgment

192 Defendants Reply

196 DCT Order

Prior post here.

Case tag here.

UPDATE (7/7/2020):

210 Stevenson Motion

211 Steele Motion

212 Maldonado Motion

219 Tang Opposition to 191

220 Individual Tribal Defendants Opposition to 191

221 Plaintiffs Opposition to 210-212

222 Canales Opposition to 191

223 Reply in Support of 210-212

227 Reply in Support of 191

236 DCT Order on 210-212

237 DCT Order on 191

Federal Court Allows RICO Action against Crow Health Care Center to Proceed (for now)

Here are the materials in Wilhite v. Littlelight (D. Mont.):

Post in related case here.

Cert Petition by Convicted RICO Defendant in Payday Lending Scheme Invoking Tribal Immunity

Here is the petition in Neff v. United States:

neff-cert-petition.pdf

us-waiver-letter.pdf

Questions presented:

1. Does a misrepresentation about the true identity of the owner of a business during settlement negotiations to resolve a civil lawsuit constitute a scheme to defraud the litigant of money or property in violation of the mail and wire fraud statutes?
2. Is the doctrine of tribal sovereign immunity wholly inapplicable in a circumstance where payday loans are made by a Native American tribe in affiliation with an entity acting as an “arm of the tribe” where such loans are made at interest rates in excess of state regulations, thus rendering the loans ipso facto unlawful debts in violation of the RICO statute?
3. Does the government have to prove willfulness to establish a RICO conspiracy to collect an unlawful debt?
Lower court materials here.