Sixth Circuit

Sixth Circuit Rules in Favor of Little River Band in Kelsey v. Pope

Matthew L.M. Fletcher1 Comment

Here is the opinion in Kelsey v. Pope:

59-2 Opinion

59-3 Judgment

Briefs here.

Sixth Circuit Denies En Banc Petition in Soaring Eagle Casino Resort v. NLRB

Matthew L.M. Fletcher

Here:

2015 09 29 Order Denying Petition for Rehearing En Banc

En banc petition materials here.

Sixth Circuit Recalls Mandate in NLRB v. Little River Tribal Government to Allow for Cert Petition

Matthew L.M. Fletcher

Here:

2015 09 24 Uopposed LRB Motion to Recall and Stay Mandate

2015 09 29 Order Recalling Mandate

Sixth Circuit Denies En Banc Petition in NLRB v. Little River Tribal Govt; Saginaw Chippewa En Banc Petition Remains Pending

Matthew L.M. Fletcher

Here is the order (Judge McKeague dissents):

CA6 Order Denying Rehearing En Banc

En banc materials in both cases here.

Jessica Intermill on Federal Statutes of General Applicability

Matthew L.M. Fletcher

Jessica Intermill has published “Competing Sovereigns: Circuit Courts’ Varied Approaches to Federal Statutes in Indian Country” in the September 2015 issue of the Federal Lawyer. The article details the Sixth Circuit’s varied approaches in Little River Band of Ottawa Indians Tribal Government v. NLRB and NLRB v. Soaring Eagle Casino and Resort (en banc petition materials here).

Sixth Circuit En Banc Petition Materials in Little River & Saginaw Chippewa v. NLRB Cases

Matthew L.M. Fletcher3 Comments

Here are the materials in NLRB v. Little River Band of Ottawa Indians Tribal Government:

LRB Motion

LRB En Banc Petition

NLRB Response to LRB En Banc Petition

NCAI Amicus Brief

SCIT Amicus Brief

* note: the NLRB also seeks en banc review

And here are the materials in Soaring Eagle Casino and Resort v. NLRB:

Saginaw Chippewa En Banc Petition

NCAI Amicus Brief

Split Sixth Circuit Panel Affirms NLRB Jurisdiction over Saginaw Chippewa’s Soaring Eagle Casino

Matthew L.M. Fletcher2 Comments

Here is the opinion:

2015-07-01 Soaring Eagle Decision

Briefs here.

Sixth Circuit Materials in Soaring Eagle Casino and Resort v. NLRB

Matthew L.M. Fletcher

Here are the briefs:

Saginaw Chippewa Brief

NLRB Brief

Saginaw Chippewa Reply Brief

Law Profs Amicus Brief

NCAI Amicus Brief

Ute Mountain Ute Amicus Brief C

hickasaw Nation Amicus Brief

Oral argument audio here.

Sault Tribe Motion to Dismiss Michigan Gaming Suit

Matthew L.M. Fletcher1 Comment

Here are the new materials in the case captioned State of Michigan v. Payment (W.D. Mich.):

2015-03-20 Brief in Support of Defendant’s Motion to Dismiss Amended Complaint

2015-03-20 Defendant’s Motion to Dismiss Amended Complaint

71 Michigan Response to Motion to Dismiss

72 Sault Tribe Reply

The state’s amended complaint is here.

Gatzaros’ Cert Petition against Sault Tribe Denied

Matthew L.M. Fletcher

Here is today’s order list.

We posted the petition and related materials here.