Supreme Court – Page 71

SCOTUS Holds FTCA’s Time Bars are Subject to Equitable Tolling

April 22, 2015April 22, 2015Matthew L.M. Fletcher

Here is the opinion in United States v. Kwai Fun Wong. An excerpt:

The Federal Tort Claims Act (FTCA or Act) provides that a tort claim against the United States “shall be forever barred” unless it is presented to the “appropriate Federal agency within two years after such claim accrues” and then brought to federal court “within six months” after the agency acts on the claim. 28 U. S. C. §2401(b). In each of the two cases we resolve here, the claimant missed one of those deadlines, but requested equitable tolling on the ground that she had a good reason for filing late. The Government responded that §2401(b)’s time limits are not subject to tolling because they are jurisdictional restrictions. Today, we reject the Government’s argument and conclude that courts may toll both of the FTCA’s limitations periods.

Stop the Casino 101 Coalition v. Brown Cert Petition

April 21, 2015April 20, 2015Matthew L.M. Fletcher1 Comment

Here:

Cert Petition

Questions presented:

1. Does the federal government have the unilateral power to alter California’s historic territorial jurisdiction and transfer that jurisdiction to an Indian tribe?

2. If the answer to the first question is affirmative, should a federal statute restoring tribal recognition and authorizing the United States to accept fee title to unspecified private lands within California’s borders be construed as transferring territorial jurisdiction from the state to the tribe when the statutory language is silent on that subject?

3. Can a state’s territorial jurisdiction shift by implication, or is an express, unequivocal acceptance of jurisdiction required under 40 U.S.C. § 3112?

Lower court materials here.

SCOTUS Denies Cert in Wisconsin v. LCO Night Deer Hunting Case

April 20, 2015Matthew L.M. Fletcher

Here is today’s order list.

The petition is here.

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

April 14, 2015Matthew L.M. Fletcher

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

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)

April 7, 2015May 4, 2015Matthew 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

April 6, 2015Matthew 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

March 27, 2015Matthew 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