Supreme Court

News Coverage of CILA’s FOIA Suit over the SG’s Confession of Error in Tee-Hit-Ton and Sandoval

Matthew L.M. Fletcher

Here is “Lawsuit Seeks Background on DOJ ‘Apology’ in Supreme Court Indian Cases.”

Read more: http://www.nationallawjournal.com/legaltimes/id=1202723324488/Lawsuit-Seeks-Background-on-DOJ-Apology-in-Supreme-Court-Indian-Cases#ixzz3XIEtfIDJ

If you don’t have a NLJ subscription, google the title through google news.

We posted the complaint here. You may also access the video for a limited time here.

CashCall v. Morrisey (WV AG) Cert Petition — Non-Western Sky-Originated Loan (UPDATED)

Matthew L.M. Fletcher

Here are the cert stage briefs:

CashCall Cert Petition

South Dakota Bankers Amicus Brief

West Virginia Cert Opp Brief

UPDATE: SCOTUS denied cert on May 5.

SCOTUS Denies Cert in CashCall v. Inetianbor

Matthew L.M. Fletcher

Here is the order list.

We posted the cert stage briefs here.

Lower court materials here.

District court materials here.

Oklahoma v. Hobia Cert Petition

Matthew L.M. Fletcher2 Comments

Here:

Petition for a Writ of Certiorari (as filed)

Question presented:

Does Michigan v. Bay Mills Indian Community, 134 S.Ct. 2024 (2014), require the dismissal of a State’s suit to prevent tribal officers from conducting gaming that would be unlawful under the Indian Gaming Regulatory Act and a state-tribal compact when

• the suit for declaratory and injunctive relief has been brought against tribal officials – not the tribe;
• the gaming will occur in Indian country, on the land of another tribe; and

• the state-tribal compact’s arbitration provision does not require arbitration before filing suit?

Lower court materials 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.

CashCall v Inetianbor is SCOTUSBlog Petition of the Day

Matthew L.M. Fletcher

Here.

Materials here.

SCOTUS Denies Cert in Yakama Indian Nation v. McKenna

Matthew L.M. Fletcher

Here is today’s order list.

The cert petition is here.

SCOTUS Declines Review of Stockbridge-Munsee Land Claims Dismissal; Also Native Wholesale Supply Petition against Oklahoma

Matthew L.M. Fletcher

Here is the order list for today.

The Stockbridge petition is here.

Western Sky Financial v. Jackson Cert Stage Materials

Matthew L.M. Fletcher1 Comment

Here:

Western Sky v Jackson Cert Petition

Jackson Cert Opp Brief

Western Sky Cert Stage Reply

Questions presented:

I. Whether the validity of an arbitration clause is determined exclusively by the statutory requirements of the Federal Arbitration Act (“FAA”), as held by the First, Fourth, Fifth, and Eleventh Circuits – or by a common-law “reasonableness” test, as held by the Seventh Circuit below?

II. Whether a court may apply a state law defense in a manner that disfavors arbitration by voiding an entire arbitration clause merely because the contractually-designated arbitrator is unavailable, notwithstanding the FAA’s express directive to appoint a substitute arbitrator?

III. Whether the Seventh Circuit erroneously – and in conflict with the Second and Eighth Circuits – required a non-tribal-member’s physical entry onto the relevant Indian reservation in connection with a transaction with a tribal member before ordering tribal court exhaustion of judicial claims arising from the transaction?

Lower court materials here.

Stockbridge-Munsee Cert Stage Reply

Matthew L.M. Fletcher

Here:

2-10-15 Stockbridge ReplyBr. No.14-538