Supreme Court

SCOTUS Denies Cert in Allergan/St. Regis Mohawk v. Teva Pharma

Matthew L.M. Fletcher

Here is the order list.

Here is the petition page.

SCOTUS Denies Cert in Four Indian Law Matters (Miccosukee + Jim, ICWA, and Comanche)

Matthew L.M. Fletcher

Here is Tuesday’s order list.

The materials in the Miccosukee petitions are here.

The page on the ICWA case is here.

The Comanche materials are here.

Supreme Court Denies Cert in Carter v. Washburn (Sweeney) [ICWA Class Action]

Kate Fort

Here is the order. Here is the case page.

This should be the end of this litigation (the original 2015 “Goldwater case”), as the Ninth Circuit vacated and remanded the case below to have it dismissed as moot.

News Profile of Recent Supreme Court Indian Law Decisions

Matthew L.M. Fletcher

Here is “In Tribe v. State Cases, Supreme Court Shifts Support to Native Americans” from Governing.

SG Recommends GVR in Poarch Band v. Wilkes

Matthew L.M. Fletcher

Here is the brief:

sg-invitation-brief-1.pdf

An excerpt:

This brief is submitted in response to the Court’s order inviting the Solicitor General to express the views of the United States. After the petition for a writ of certiorari was filed, amendments to tribal law were proposed that could substantially affect the basis for the decision of the Supreme Court of Alabama in this case. In the view of the United States, if those changes are enacted, the petition should be granted, the judgment vacated, and the case remanded for further proceedings.

Cert stage materials are here.

UPDATE:

17-1175SupplementalBriefForRespondents

Petitioners Supplemental Brief

News Coverage on Herrera v. Wyoming Decision

Matthew L.M. Fletcher

SCOTUSBlog (Greg Ablavsky)

Slate

Reuters

NYTs

NPR

Bloomberg

Link to decision and materials here.

SCOTUS Denies Cert in Casino Pauma v. NLRB & Havasupai Tribe v. Provencio

Matthew L.M. Fletcher

Here is today’s order list.

Casino Pauma cert stage materials here.

Havasupai v. Provencio materials here.

SCOTUS Reverses in Herrera v. Wyoming (5-4)

Matthew L.M. Fletcher

Here.

Background materials here.

Cert Stage Briefs for Casino Pauma v. NLRB

Matthew L.M. Fletcher

Here:

Cert Petition

BIO

Reply

Cert Petition in Jones v. Keitz [Criminal Prosection Arising from Chukchansi Casino Altercation]

Matthew L.M. Fletcher

Here is the petition:

Petition

Appendix

Question presented:

1. What facts must a plaintiff allege to state a claim for malicious prosecution against a California county and its sheriff under 42 U.S.C. § 1983, especially considering the heightened pleading standard this Court established in Ashcroft v. Iqbal, 556 U.S. 662 (2009)?
2. When a county sheriff is the country’s chief law enforcement officer, can a plaintiff hold a California County liable under Monell v. New York City Department of Social Services, 436 U.S. 658,694 (1978), by pleading he was wrongfully prosecuted based on an investigation led by the sheriff?