Seventh Circuit – Page 5

Village of Hobart v. Oneida Tribe of Wisconsin Cert Petition

January 17, 2014January 17, 2014Matthew L.M. Fletcher2 Comments

Here:

Questions presented:

1) Whether Congress’ waiver of the federal government’s sovereign immunity, under § 313(a) of the CWA, for enforcement of local stormwater management ordinances, for “any property” over which it has “jurisdiction,” applies to land taken into trust pursuant to 25 U.S.C. § 465.

2) Whether lands acquired by an Indian tribe pursuant to 25 U.S.C. § 465, within its former reservation boundaries are, removed from state jurisdiction because, as the Seventh Circuit ruled, they are reclassified as “Indian Country.”

Lower court materials here.

Seventh Circuit Holds Oneida Owes No Stormwater Fees to Village of Hobart

October 21, 2013October 21, 2013Matthew L.M. Fletcher5 Comments

Here are the materials in Oneida Tribe of Indians of Wisconsin v. Village of Hobart:

CA7 Opinion

Village of Hobart Brief

Oneida Brief

United States Brief

Village of Hobart Reply

An excerpt from Judge Posner’s opinion:

Nevertheless we can imagine an argument, built on our earlier example of the Village’s authority to deploy its firefighters on Indian parcels, for an exception of necessity—a common law graft onto the Clean Water Act—to the Oneida tribe’s exclusive authority over Indian land. But the Village doesn’t argue for such an exception; it doesn’t deny the feasibility of cooperative arrangements between it and the tribe, which has signed cooperative service agreements with other government bodies in the area.

So Hobart loses its case against the tribe. And there is another reason it must lose. Because federal law forbids states and local authorities to tax Indian lands, the tribe can’t be forced to pay the assessment decreed by the challenged ordinance if the assessment is a tax.

Lower court materials here.

Seventh Circuit Supplemental and Amicus Briefs in Jackson v. Payday Financial (Western Sky Affiliates)

September 26, 2013March 22, 2019Matthew L.M. Fletcher1 Comment

Here:

Jackson Supplemental Brief

Payday Financial Supplemental Brief

Federal Trade Commission Amicus Brief

Gavin Clarkson Amicus Brief [CA7 Order Denying Clarkson Motion: out of time]

Illinois Amicus Brief

Payday Financial Brief in Response to Amici TK

Prior briefs here, with supplemental briefing order.

Seventh Circuit Briefs So Far in Village Effort to Impost Stormwater Ordinance on Wisc. Oneida Trust Lands

June 14, 2013Matthew L.M. Fletcher

Here are the opening briefs in Oneida Tribe of Wisconsin v. Village of Hobart (7th Cir.):

Hobart Brief

Oneida Brief

United States Brief

Hobart Reply TK

Lower court materials here.

Seventh Circuit Issues Limited Remand(?) in Jackson v. Payday Financial Appeal

May 24, 2013Matthew L.M. Fletcher1 Comment

Here is the order, which appears to be in response to letters from counsel for both parties on this case (materials here and here):

Jackson v. Payday Finanical (7th Cir Order)

Jackson Letter Payday Financial Response

The appeal remains pending until the district court answers the questions posed by the panel. Briefs and lower court materials remain here.

Seventh Circuit Affirms Conviction for Theft from Sokaogon Ojibwe Tribe

April 2, 2013Matthew L.M. Fletcher

Here is the opinion:

US v McGeshik

An excerpt:

Dori McGeshick, a tribal employee, helped administer a federal grant to build 11 new homes on a Native American reservation. Tasked with acquiring appliances for the new homes, McGeshick took the opportunity to improve her lifestyle, using federal funds to buy $13,000 worth of high‐end appliances for her own home. After a bench trial, the district court convicted her of the offense of theft by an employee of an Indian tribal government, see 18 U.S.C. § 666(a)(1)(A), and sentenced her to 15 months’ imprisonment. On appeal McGeshick argues that the district court clearly erred when it found that she had abused a position of trust. See U.S.S.G. § 3B1.3. Because she was entrusted with considerable discretion and responsibility, we affirm.

Seventh Circuit Briefs in Challenge to Martin Webb Payday Lending Company’s Forum Selection Clause

December 3, 2012Matthew L.M. Fletcher2 Comments

Here are the briefs in Jackson v. Payday Financial LLC:

Jackson Opening Brief

PayDay Financial Answer Brief

Jackson Reply Brief

Lower court materials here.

Opening Seventh Circuit Brief in Challenge to Martin Webb Payday Lending Company’s Forum Selection Clause

October 8, 2012Matthew L.M. Fletcher

Here is the opening brief in Jackson v. Payday Financial LLC:

Jackson Opening Brief

Lower court materials here.

Seventh Circuit Decides Attorney Fees Case against Tribal Interests in Menominee Dispute

January 3, 2012January 2, 2012Matthew L.M. Fletcher1 Comment

Here is the opinion in United States v. Pecore. An excerpt:

After a six-year investigation, an additional two-and-one-half years of discovery and pretrial posturing, and a nine-day jury trial, Marshall Pecore and Conrad Waniger (the “defendants”) prevailed against civil charges that they violated the False Claims Act (“FCA”). Unsatisfied with just the trial victory and perhaps disturbed that the government spent nearly a decade chasing about $75,000, the defendants moved for attorney’s fees under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d)(1)(A), or alternatively, sanctions under Rule 37(c)(2) of the Federal Rules of Civil Procedure. The district court denied both motions. Despite our discomfort with what looks like government overreaching, we find that the district court’s ruling was not an abuse of discretion and accordingly, we affirm.

Here are the briefs:

Pecore Appellant Brief

US Appellee Brief

Pecore Reply

Oral argument is here.