The Buffalo Law Review has published, ‘The Power to Tax is the Power to Foreclose: Reuniting Law and Logic in Tribal Immunity from Suit.”
Second Circuit
Ecuadorean Natives Prevail in Second Circuit against Chevron
Here is today’s opinion: Chevron v Naranjo.
The court’s syllabus:
Defendants-appellants – residents of the Ecuadorian Amazon and their American attorney – challenge a preliminary injunction issued by the district court that prohibited them from enforcing or preparing to enforce a potential Ecuadorian judgment against plaintiffappellee anywhere outside of the Republic of Ecuador. Because New York’s Uniform Foreign Country Money-Judgments Recognition Act, N.Y. C.P.L.R. §§ 5301-5309, does not authorize affirmative relief of this kind, but only recognizes a defense available when a would-be judgment-creditor first attempts enforcement in New York, we VACATE the injunction and REMAND to the district court with instructions to DISMISS the plaintiffappellee’s complaint.
And some news coverage from How Appealing.
This item explains the import of the decision:
If Chevron was still hoping for a ruling from New York’s federal courts that would make it impossible for Ecuadorean plaintiffs to collect their $18 billion judgment against the oil company, Thursday’s long-awaited opinion by the U.S. Court of Appeals for the Second Circuit puts an end to that strategy. The appellate panel’s30-page opinion — which explains the court’s Sept. 2011 order lifting the worldwide injunction barring enforcement of the Ecuadorean judgment — gives Chevron the chance to argue once again that the Ecuadoreans can’t collect in New York, under the state’s Uniform Foreign Country Money-Judgments Recognition Act. But in no uncertain terms, the Second Circuit advised that even if Chevron eventually persuades a New York judge that the Ecuadoreans procured their judgment through fraud, that judge cannot bar enforcement of the judgment outside of the United States.
Law Firm Brief in Appeal of Oneida Land Claims Attorney Fees Award
Madison and Oneida Counties Seek En Banc Review of Second Circuit’s Reservation Disestablishment Ruling
On Remand from SCT, Second Circuit Decides Oneida Indian Nation v. Madison County … Against OIN
Here is that opinion:
Second Circuit Affirms Preliminary Injunction against Enforcement of PACT Act against Red Earth LLC
Here is today’s opinion in Red Earth LLC v. United States: 10-3165_opn
An excerpt:
Appeal from an order of the Western District of New York (Richard J. Arcara, Judge) granting a preliminary injunction to stay enforcement of provisions of the Prevent All Cigarette Trafficking Act (“PACT Act”) that require mail-order cigarette sellers to pay state excise taxes. The government argues that the district court erred in concluding that plaintiffs were likely to succeed on their claim that the PACT Act’s provision requiring out-of-state tobacco sellers to pay state excise taxes regardless of their contact with that state violates due process. We affirm the district court’s order granting the preliminary injunction.
Opposition Briefs in Oneida et al. v. Paterson in Second Circuit
Second Circuit Opening Briefs in Oneida v. Paterson Tax Case
Second Circuit Declines to Vacate Stay Issued in Paterson v. Seneca Nation
Denying New York’s motion…
Certified Consolidation Order Denying Mtn to Vacate Stay in 4265
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