Supreme Court

I predict a decent chance for a CVSG but the Court ultimately will deny this one.

Lower court materials and my commentary here.

Wisconsin Files Cert Petition in Night Deer Hunting Case

January 7, 2015April 20, 2015Matthew L.M. Fletcher2 Comments

Here is the petition in Wisconsin v. Lac Courte Oreilles Band of Lake Superior Chippewa Indians:

Wisconsin Petition for Writ of Certiorari

Question presented:

A moving party under Fed. R. Civ. P. 60(b)(5) must show a significant change in factual conditions or law that renders continued enforcement of a judgment detrimental to the public interest. The proceeding is not a relitigation of the underlying judgment. Here, the Seventh Circuit shifted the burden to the non-moving party (Wisconsin) to justify an underlying judgment that night hunting of deer was fundamentally unsafe. Does Rule 60(b)(5) permit shifting the burden to the non-moving party to justify the original judgment?

LCO Cert Opp

Seventh Circuit materials here.

CashCall v. Inetianbor Cert Stage Briefs

January 6, 2015March 10, 2015Matthew L.M. Fletcher3 Comments

Here:

CashCall Cert Petition

Inetianbor Cert Opp Brief

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.

II. Whether a court may void an entire arbitration clause – and force the parties to litigate in court – despite the fact that the parties included a severance provision that, if applied, would render the arbitration clause enforceable?

Lower court materials here.

District court materials here.

AALS Indian Nations Section Panel on Michigan v. Bay Mills

January 3, 2015Matthew L.M. Fletcher1 Comment

Alex Pearl, Ed Kneedler, Ryan Seelau, Thomas Zlamal, and Bill Wood

Law Professors Amicus Brief in Stockbridge-Munsee Community v. New York

December 29, 2014Kate Fort1 Comment

Here.

Previous coverage here.

Tenth Circuit Issues Amended Opinion in Oklahoma v. Hobia

December 23, 2014December 23, 2014Matthew L.M. Fletcher3 Comments

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.

Blast from the Past: The Miss. Band Choctaw v. Holyfield’s Ultimate Outcome (1991)

December 20, 2014December 19, 2014Matthew L.M. Fletcher

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:

Coyle_After the Gavel Comes Down_NLJ_1991