Here is the petition:
Question presented:
Whether an insurance company doing business with a federally recognized American Indian Tribe is entitled to sovereign immunity for the acts and omission it takes in furtherance of the business of insurance.
Here is the petition:
Question presented:
Whether an insurance company doing business with a federally recognized American Indian Tribe is entitled to sovereign immunity for the acts and omission it takes in furtherance of the business of insurance.
Here:
Mississippi Choctaw Cert Opposition
Mississippi Choctaw Supplemental Brief
En banc petition materials here.
CA5 Order Denying Dolgencorp En Banc Petition
Panel materials here.
Lower court decision and materials here.
Here.
I wondered when I learned that Tom Goldstein is co-counsel for the petitioners when this petition would end up as a SCOTUSblog “Petition of the Day.” As might be well known to TT readers, SCOTUSblog is the best daily source of news on the Supreme Court. But it is also (or was) a tool for Mr. Goldstein to drum up business. The blog recently make some headlines in its effort to acquire/obtain/earn a Supreme Court press credential, and was denied. Mr. Goldstein’s passionate and sophisticated response is well worth the read. As a question of journalism, I strongly support SCOTUSBlog’s efforts. It doesn’t bother me that SCOTUSblog-as-client development tool might somehow affect SCOTUSblog-as-journalist.
For what appears to be the first time, Mr. Goldstein is representing a Supreme Court petitioner against tribal interests, and so to the extent that it means anything at all, the tribal interests here are adversely affected by the SCOTUSblog-as-journalism outlet and SCOTUSBlog-as-Supreme Court advocate dynamic. There’s not enough information before me to make a conclusion as to whether that dynamic will affect the Court’s certiorari decision at the long conference here in a few weeks.
Here is a list of TT posts recognizing an Indian law “Petition to Watch” as identified by SCOTUSblog (grants are in red): Continue reading
Here:
CA6 Order Vacating and Remanding
The court held moot the Saginaw Chippewa motion for abeyance.
Materials here.
Here:
SCIT Surreply re NLRB Remand Motion [& In Support of Abeyance Motion]
(Now) complete briefing here:
Sag Chip Motion to Hold Appeal in Abeyance
Here are the materials in Cayuga Indian Nation v. Seneca County:
The syllabus:
Appeal from a district court order preliminarily enjoining Seneca County from foreclosing upon certain parcels of the Cayuga Indian Nation of New York’s real property to satisfy unpaid ad valorem property taxes. We conclude, in light of recent Supreme Court guidance, that tribal sovereign immunity from suit bars the County’s proceedings against the Nation and therefore AFFIRM the order of the district court.
Lower court materials are here.
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