Second Circuit – Page 7

Appeal from a district court order preliminarily enjoining Seneca County from foreclosing upon certain parcels of the Cayuga Indian Nation of New York’s real property to satisfy unpaid ad valorem property taxes. We conclude, in light of recent Supreme Court guidance, that tribal sovereign immunity from suit bars the County’s proceedings against the Nation and therefore AFFIRM the order of the district court.

Lower court materials are here.

Second Circuit Briefs in US v. Thomas (Former Mashantucket Pequot Chair)

July 29, 2014July 28, 2014Matthew L.M. Fletcher

Here:

Thomas Opening Brief

US Brief

Thomas Reply Brief TK

Lower court materials here.

Second Circuit Briefs in Schaghticoke Appeal

July 21, 2014July 29, 2014Matthew L.M. Fletcher1 Comment

Here are the briefs in Schaghticoke Tribal Nation v. Kent School Corp. Inc.:

Schaghticoke Brief

Connecticut Brief

Kent School Corp et al Brief

US Brief

Schaghticoke Reply

Lower court materials here.

Second Circuit En banc Petition by Stockbridge-Munsee Community

June 30, 2014Matthew L.M. Fletcher1 Comment

Here:

6-30-14 Petition for Rehearing En Banc

An excerpt:

The panel decision conflicts with the May 19, 2014 decision of the United States Supreme Court in Petrella v.Metro-Goldwyn-Mayer, Inc., 134 S.Ct. 132; 188 L.Ed.2d 979 (2014) (Petrella). Petrella held that courts may not override Congress’ judgment and apply equitable defenses to summarily dispose of claims at law filed within a statute of limitations established by Congress. The panel’s Per Curiam decision ruled that Plaintiff-Appellant Stockbridge-Munsee Community’s (Stockbridge) damages claims, which were filed within the congressionally established limitations period, are barred by the Sherrill equitable defense. Stockbridge-Munsee Cmty. v. New York; Slip Op. at 8, 2014 WL 2782191 (2d Cir. June 20, 2014) (Slip Opinion attached as Appendix). The panel’s failure to follow Petrella warrants en banc review under Fed. R. Civ. P. 35.

Panel materials here.