Hicks v. Hudson Ins. Co. Cert. Petition

Here is the petition:

Cert Petn

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.

Cert Stage Briefs in Dollar General v. Mississippi Choctaw

Here:

Dollar General Cert Petition

Mississippi Choctaw Cert Opposition

Dollar General Reply

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.

Dollar General v. Mississippi Choctaw Cert Petition on SCOTUSBlog Watch List

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

Cert Opposition Brief in Dollar General v. Mississippi Choctaw Tribal Court Jurisdiction Matter

Here:

Mississippi Choctaw Cert Opposition

Cert petition here.

Sixth Circuit Vacates and Remands Saginaw Chippewa/NLRB Decision in Light of Noel Canning

Here:

CA6 Mandate

CA6 Order Vacating and Remanding

The court held moot the Saginaw Chippewa motion for abeyance.

Materials here.

Saginaw Chippewa (Sur)Reply to NLRB Reply in Support of Its Motion for Vacature and Remand

Here:

SCIT Surreply re NLRB Remand Motion [& In Support of Abeyance Motion]

(Now) complete briefing here:

NLRB Motion to Remand

Sag Chip Motion to Hold Appeal in Abeyance

Sag Chip Opposition to NLRB Motion

Szotkowski Declaration

NLRB Reply in Support of Motion to Remand

Second Circuit Affirms Cayuga Immunity from Seneca County Tax Foreclosure Relying on Bay Mills Decision

Here are the materials in Cayuga Indian Nation v. Seneca County:

Seneca County Opening Brief

Cayuga Indian Nation Brief

Seneca County Reply

New York AG Brief

US DOJ Brief

CA2 Opinion

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.

NLRB Reply to Saginaw Chippewa Response to Motion to Remand

Here:

NLRB Reply in Support of Motion to Remand

Complete briefing here:

NLRB Motion to Remand

Sag Chip Motion to Hold Appeal in Abeyance

Sag Chip Opposition to NLRB Motion

Szotkowski Declaration

 

Sixth Circuit Orders NLRB to Reply to Little River Objections to Motion to Vacate and Remand

Here:

2014-07-28 Order Requiring NLRB Reply

LRB’s opposition is here.

Tenth Circuit Sends Chickasaw/NLRB Matter Back to Board in Light of Noel Canning

Here:

CA10 mandate

CA10 Order

We posted the NLRB’s motion here. We posted the tribe’s response here.