The child’s attorney opposed the transfer, and the appellate court supported the decision of the Family Court to transfer to the tribe.
Unkechaug Indian Nation
Federal Court Orders Individual Defendant to Pay $475K Civil Penalty in City of New York v. Golden Feather
Corrected Opinion in City of New York v. Golden Feather
Federal Court Finds Unkechauge Reservation Smoke Shops Liable for Violations of Federal Law in City of New York v. Golden Feather Smoke Shop
Here are the materials:
Remaining Defendants’ Cross-Motion
An excerpt:
For the reasons below, the Court grants the City summary judgment as to defendants’ liability under the CCTA and the CMSA. With respect to relief, the Court (1) grants the requested permanent injunction against defendants’ “purchase, receipt, possession, sale, distribution, offer and advertisement of unstamped cigarettes-even to tribe members for personal use”; (2) awards damages as against the Peace Pipe and TDM defendants; (3) awards civil penalties as against the Red Dot defendants, the amount of which will be determined at a later hearing; and (4) awards the City attorney’s fees, the amount of which will be determined in the first instance by Magistrate Judge Vera Scanlon by report and recommendation.
And the bad news (liability):
For the reasons stated, the Court concludes the following: As to defendant Phillips, the City is directed to clarify whether it is still seeking monetary relief against him, and if so, to submit further damages briefing that identifies the amounts the City is seeking against Phillips only. As to the Peace Pipe, TDM, and Red Dot defendants, the Court finds that the City is entitled to summary judgment on (1) defendants’ liability under the CCTA and the CMSA, and (2) its requested permanent injunction against defendants’ “purchase, receipt, possession, sale, distribution, offer and advertisement of unstamped cigarettes-even to tribe members for personal use.” In addition, the Court awards to the City (1) damages in the amount of $10,041,075 as against the Peace Pipe defendants and $450,000 as against the TDM defendants; (2) civil penalties as against the Red Dot defendants, the amount of which will be determined at a later hearing; and (3) attorney’s fees, the amount of which will be determined in the first instance by Magistrate Judge Scanlon by report and recommendation.
Oneida’s Tax Claims against New York Dismissed without Prejudice
Here are the materials on remand from the Second Circuit in Oneida Indian Nation v. Paterson (N.D. N.Y.):
DCT Order Dismissing without Prejudice
OIN Motion to Dismiss without Prejudice
The Second Circuit’s remand and materials are here.
Second Circuit Vacates Injunctions against New York’s Tax Laws against Tribes
Here is today’s opinion in Oneida Indian Nation v. Cuomo: OIN v NY CA2 Opinion.
Materials in the New York City Smokeshop Case
Here are the materials in the New York City v. Golden Feather Smoke Shop case (E.D. N.Y.), reported here. Earlier materials are here.
NYC Motion for Preliminary Injunction
Golden Feather Opposition to Motion
Peace Pipe Smoke Shop Opposition
NYC Reply Brief in Support of Motion (Attachment: IMO Gutlove & Shirvant)
NYT’s Article on New York State’s Tobacco Fight with Indian Tribes
From the NYTs:
A federal judge ruled on Tuesday that a group of tobacco vendors on an Indian reservation on Long Island cannot sell tax-free cigarettes to the general public until a court rules in a closely watched legal battle between the reservation and New York City.
A temporary injunction issued by Judge Carol B. Amon of Federal District Court in Brooklyn gave the city at least a temporary victory in its efforts to collect hundreds of millions of dollars in tax revenue.
“The city will go after every dollar that is owed to city taxpayers,” Mayor Michael R. Bloomberg said in a statement on Wednesday. Under Judge Amon’s ruling, a group of cigarette businesses on the Poospatuck Indian Reservation near Mastic can sell tax-free cigarettes only to tribe members, for personal use, until a verdict is reached in a federal lawsuit the city filed in September.
The judge stayed the ruling for 30 days to give the vendors time to appeal.
“The judge’s ruling is completely wrong,” said Harry Wallace, a lawyer and the chief of the Unkechaug Indian Nation, which is on the Poospatuck reservation, adding that it ignored the Indian nation’s sovereignty.
Spota v. Jackson (NY Ct. App.) — “Intruders” under NY Indian Law
In Spota v. Jackson, the New York Court of Appeals (Kaye, C.J.) held that state courts have no business deciding who is an “intruder” as contemplated by the New York Indian Law. This case involves the tribal power to exclude, arising ot of a dispute on an individual allotment of a member of the Unkechaug Indian Nation (or Poospatuck).
Turtle Talk 