Tag Archives: Second Circuit

Second Circuit Rejects Schaghticoke Land Claims

Here is the unpublished opinion in Schaghticoke Tribal Nation v. Kent School Corp. Inc.: Schaghticoke CA2 Opinion An excerpt: Ultimately, the district court concluded that the evidence submitted by STN was insufficient to satisfy the Montoya standard requiring that the … Continue reading

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SCOTUS Rejects Seneca County’s Effort to File Cert Petition Out of Time

Here is the order list. The Second Circuit decision at issue is here.

Posted in Author: Matthew L.M. Fletcher, Research, sovereign immunity, Supreme Court, taxation | Tagged , , , , | Leave a comment

Second Circuit Brief in IFP, Pro Se Employment Discrimination Complaint against Mohegan Sun Casino

Here is the tribe’s brief in Tremblay v. Mohegan Sun Casino: Mohegan Brief From the brief: On May 20, 2014, the Court granted the Defendant’s Motion to Dismiss based on sovereign immunity. The full text of the decision is as … Continue reading

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Stockbridge-Munsee Community v. New York Cert Petition

Here: 11-7-14 Stockbridge-Munsee Cert Petition_(filed) Questions presented: In Petrella v. Metro-Goldwyn-Mayer, Inc., 134 S. Ct. 1962 (2014), this Court held that courts may not override Congress’ judgment and apply laches to summarily dispose of claims at law filed within a … Continue reading

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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 , , , , , , | 1 Comment

Rosette Firm on the Second Circuit’s Decision in Otoe-Missouria Tribe

  Statement of Rosette, LLP Regarding the Second Circuit’s Decision in Otoe-Missouria Tribe of Indians v. New York State Department of Financial Services As counsel of record for the Otoe-Missouria Tribe of Indians and the Lac Vieux Desert Band of … Continue reading

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Second Circuit Affirms Otoe-Missouria Tribe v. New York Dept. of Financial Regulation

Here is the opinion: 13-3769_opn From the court’s syllabus: Plaintiffs‐appellants (“plaintiffs”) appeal from the denial of a preliminary injunction by the United States District Court for the Southern District of New York (Richard J. Sullivan, Judge). Plaintiffs are two Native … Continue reading

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Second Circuit Denies En Banc Review in Stockbridge-Munsee Land Claims

Here: Stockbridge CA2 En Banc Denial The petition is here.  

Posted in Author: Matthew L.M. Fletcher, Research, sovereign immunity | Tagged , , , , , , , , , | 1 Comment

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 … Continue reading

Posted in Author: Matthew L.M. Fletcher, Research, sovereign immunity, Supreme Court | Tagged , , , , , , | 2 Comments

Second Circuit Briefs in US v. Thomas (Former Mashantucket Pequot Chair)

Here: Thomas Opening Brief US Brief Thomas Reply Brief TK Lower court materials here.

Posted in Author: Matthew L.M. Fletcher, Criminal, Research | Tagged , , , , , , | Leave a comment