Tag Archives: Western District of New York

Seneca Nation Petition to Vacate Arbitration Award Favoring State of New York on Revenue Sharing

Here are the materials in Seneca Nation of Indians v. State of New York (W.D. N.Y.): 1-1 Motion to Vacate 2-3 Final Award 2-4 Partial Final Award 2-5 Washburn Dissent

Posted in Author: Matthew L.M. Fletcher, IGRA, Indian gaming, Research | Tagged , , , ,

Federal Court Rejects Motions to Dismiss New York Suit against Native Wholesale Supply & Grand River Enterprises Six Nations

Here are the materials in State of New York v. Grand River Enterprises Six Nations LTD (W.D. N.Y.): 76 Second Amended Complaint 79-3 Native Wholesale Supply MTD 81-1 Grand River Enterprises Six Nations MTD 84 NY Response to 81-1 [Stay … Continue reading

Posted in Author: Matthew L.M. Fletcher, economic development, Research, taxation | Tagged , ,

Cayuga Indian Nation Prevails in Tax Immunity Dispute with Seneca County

Here are the materials in the long-running Cayuga Indian Nation v. Seneca County (W.D. N.Y.): 58 Cayuga Motion for Summary Judgment 60-5 Seneca County MSJ 62 Cayuga Reply 67 Seneca County Reply 76 DCT Order Prior posts here.

Posted in Author: Matthew L.M. Fletcher, Research, sovereign immunity, taxation | Tagged , , , ,

Federal Court Holds Feds Cannot Tax Proceeds Derived Directly from Indian Lands

Here are the materials in Perkins v. United States (W.D.N.Y.): 9-1 Motion to Dismiss 12 Opposition 13 Reply 14 Magistrate R&R 15 US Objections 16 Perkins Objections 19 US Response 20 Perkins Response 21 US Reply 22 Perkins Reply 24 … Continue reading

Posted in Author: Matthew L.M. Fletcher, Research, taxation, treaty rights | Tagged , , , , ,

W.D. of New York Dismisses Seneca County’s Counterclaims in Tax Foreclosure Suit

Download briefs and order in the matter of Cayuga Indian Nation of New York v. Seneca County, New York, 11-cv-06004 (May 2, 2017): Doc. 39-1 – Plaintiff’s Memorandum of Law in Support of Motion to Dismiss Defendant’s Counterclaim Doc. 40 – … Continue reading

Posted in Author: Sarah Donnelly, Research, taxation | Tagged ,

Federal Magistrate Recommends Dismissal of CCTA and PACT Act Claims against Six Nations Grand River Enterprises

Here are the materials in State Of New York v. Grand River Enterprises Six Nations LTD (W.D. N.Y.): 79-3 Motion to Dismiss 81-1 Motion to Dismiss and Motion for Stay of Discovery 84 NY Opposition 88 Reply in Support of 79 … Continue reading

Posted in Author: Matthew L.M. Fletcher, economic development, Research | Tagged , , ,

Second Circuit Rules in Favor of Seneca Nation in Gaming Dispute

Here is the opinion in Citizens Against Casino Gambling in Erie County v. Chaudhuri: CACGEC Opinion The court’s syllabus: The plaintiffs, organizations and individuals who oppose the operation of a casino on land owned by the Seneca Nation of Indians in Buffalo, … Continue reading

Posted in Author: Matthew L.M. Fletcher, gaming, IGRA, Research | Tagged , , , , , , , | 2 Comments

Tribal and Federal Court Complaints in Dispute between Seneca Nation and National Fuel Gas Co.

Here is the complaint in National Fuel Gas Co. v. Seneca Nation of Indians (W.D. N.Y.), and tribal court complaints attached as exhibits: 1 Complaint 1-5 SNI v National Fuel Gas Co Complaint 1-6 SNI v. National Fuel Gas Co … Continue reading

Posted in Author: Matthew L.M. Fletcher, Research, tribal courts | Tagged , ,

Federal Forfeiture Action over $400,000 of NY Indian Tobacco Retailer

Here is the complaint in United States v. $400,000 (W.D. N.Y.): 1 Complaint for Forfeiture Excerpts: During the investigation, it was determined that the parties involved in the shipping of the contraband cigarettes in interstate commerce also filed false information … Continue reading

Posted in Author: Matthew L.M. Fletcher, Criminal, Research, taxation | Tagged , , , ,

Second Circuit Briefs in Citizens against Casino Gambling in Erie County v. Hogen (FINAL)

Here: Final CACGEC Principal Brief Final Federal Brief Final Seneca Amicus Brief Final CACGEC Reply Brief Final Federal Reply Brief Lower court materials here.

Posted in Author: Matthew L.M. Fletcher, gaming, IGRA, Research | Tagged , , , , , , | 2 Comments