Seventh Circuit

Given the Sac and Fox case we just posted, and a few other cases floating around that have relied on the district court’s decision in the Wells Fargo v. Lake of the Torches case, the Seventh Circuit’s decision will have great importance. Interestingly, that decision is long-delayed. What will the Seventh Circuit do?

Seventh Circuit Oral Argument Audio in Asian Carp Appeal — Michigan v. U.S. Army Corps

May 6, 2011Matthew L.M. Fletcher

Here.

Near the end of the argument, Judge Wood responded to an industry lawyer with this:

“On the one hand you have commerce; on the other hand you have the planet.”

Seventh Circuit Rules against American Indian in Employment Discrimination Suit

December 7, 2010Matthew L.M. Fletcher

Here is the opinion in Grigbsy v. LaHood.

An excerpt:

In the midst of his training, Grigsby became aware of his Native American heritage. He educated himself about his Sioux, Cherokee, and Apache roots and began to share his background with his coworkers. Grigsby claims that this led to a number of hostile comments from his coworkers, who began to call him “Chief,” “Running Planes Together,” and “Metal Rain,” among other insults. While Grigsby did not file a complaint regarding these comments, he did request a transfer to another facility, ostensibly to escape this abuse.

Oral Argument Audio in Wells Fargo v. Lake of the Torches

October 21, 2010October 21, 2010Matthew L.M. Fletcher

Here.

The appellate panel: Joel M. Flaum, Circuit Judge; Kenneth F. Ripple, Circuit Judge and Terence T. Evans, Circuit Judge.

Case argued by Mr. James A. Klenk for Appellant Wells Fargo Bank, National Association and Monica M. Riederer for Appellee Lake of the Torches Economic Development Corporation.

Wells Fargo v. Lake of the Torches Briefing Complete

October 4, 2010Matthew L.M. Fletcher1 Comment

Here are the briefs:

Merits

Wells Fargo Opening Brief

LDF Corrected Brief

LDF Corrected Appendix

Wells Fargo Reply Brief

Amici

Natl Federation of Municipal Analysts Amicus Brief

NIGA Amicus Brief

Lower court materials here and here and here.

Argument set for Wednesday, October 20, 2010.

Corrected LDF Brief in Wells Fargo Case: Response to Court Order to Brief Jurisdictional Issue

September 20, 2010September 20, 2010Matthew L.M. Fletcher

Here: LDF Corrected Brief, and LDF Corrected Addendum.

Apparently, the jurisdictional issue is whether the court has jurisdiction under the diversity statute over the Lake of the Torches EDC. LDF writes:

This Court should follow the Ninth Circuit and hold that “a corporation organized under tribal law should be analyzed for diversity jurisdiction purposes as if it were a state or federal corporation,” while still enjoying the same sovereign immunity as the tribe. Cook, 548 F.3d at 723, 726. This approach follows the plain language of the diversity statute, which provides that a corporation is a citizen of “the State where it has its principal place of business.” 28 U.S.C. § 1332(c)(2). For the Corporation, that is Wisconsin. The Eighth Circuit’s test, which looks to whether a tribal entity operates as “an arm of the tribe and not as a mere business,” ignores the language of the statute and focuses on the function of a tribal entity, finding that where it is governmental, as is the Corporation’s, Doc. 31 at 2-3, the entity is treated like a tribe and is not considered a citizen of any state. Auto-Owners Ins. Co. v. Tribal Court of the Spirit Lake Indian Reservation, 495 F.3d 1017, 1021 (8th Cir. 2007). Under the more practical Ninth Circuit test, which this Court appears to have used, see supra at n.6, the parties are diverse and subject-matter jurisdiction exists.

The court also set October 20 as the oral argument date.