Here:
Questions presented:
I. Whether there is a non-textual “integrality exception” to the mandatory requirement in the Federal Arbitration Act (“FAA”) that a substitute arbitrator “shall” be appointed by the court whenever the parties’ chosen arbitrator is unavailable for “any … reason”? 9 U.S.C. § 5.
Alex Pearl, Ed Kneedler, Ryan Seelau, Thomas Zlamal, and Bill Wood
Here. Like its earlier decision, today’s amended opinion concludes that the district court erroneously granted the State’s request for a preliminary injunction and held that the State’s complaint, which alleged class III gaming activities on non-Indian lands, failed to state a claim under IGRA.
The Tenth Circuit also reiterated that arbitration provisions in the state’s gaming compact effectively barred Oklahoma from suing tribal officials in federal court for purported violations of the compact. The court remanded the matter to the Northern District of Oklahoma with instructions to vacate the preliminary injunction and to dismiss Oklahoma’s complaint with prejudice.
Also, the court denied the petition for en banc review.
Panel materials are here.
Marcia Coyle reported on what happened after the Supreme Court held that the tribal court had exclusive jurisdiction over the twins. Here is that article:
The cert petition is here.
Here.
Here is “The Echo Chamber.”
An excerpt:
The rise of the Supreme Court specialty bar is not universally embraced by the profession. But it is by the justices. Two, in particular, lamented the refusal of some criminal defense lawyers to turn over high court cases to specialists.
“It is as if they are arguing with one hand tied behind their back,” Kagan said.
Said Justice Sonia Sotomayor: “I think it’s malpractice for any lawyer who thinks this is my one shot before the Supreme Court and I have to take it.”
SCOTUSBlog interviewed Joan Biskupic, who led the reporting team.
Turtle Talk 
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