Author Archives: Matthew L.M. Fletcher

Miccosukee Per Cap Taxation Cert Petitions

Here is the petition in Miccosukee Tribe of Indians of Florida v. United States: cert-petition-1-1.pdf Question presented: The 2014 Tribal General Welfare Exclusion Act states that, for income tax purposes, “[g]ross income does not include the value of any Indian … Continue reading

Posted in Author: Matthew L.M. Fletcher, IGRA, Indian gaming, Research, Supreme Court, taxation, treaty rights | Tagged , , , , , , , ,

McNeal v. Navajo Nation Cert Petition

Here: cert-petition-2.pdf Question presented: Whether the Tenth Circuit panel violated the current jurisprudence of this Court and the Congressional policy underlying IGRA by precluding the Nation from exercising its sovereign authority to permit a patron’s tort claim against the Nation … Continue reading

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

Federal Court Dismisses Contract Claim against Alaska Tribe

Here are the materials in Alaska Logistics LLC v. Newtok Village Council (D. Alaska): 1 complaint 6 answer and counterclaims 19 tribe motion to dismiss 25 answer to counterclaims and counterclaims to counterclaims 28 motion to strike 29 opposition to … Continue reading

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

St. Regis Mohawk v. Mylan Pharma Cert Petition

Here: cert-petition-1.pdf Question presented: Whether inter partes review before the Patent Trial and Appeal Board is the type of proceeding in which tribal sovereign immunity may be asserted. Lower court materials here

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

Atlantic Profile of the Herrera v. Wyoming Case

“Can Congress Void a Tribal Treaty Without Telling Anyone?” here.

Posted in Author: Matthew L.M. Fletcher, News, Supreme Court, treaty rights | Tagged , , ,

Ninth Circuit Briefs in Swinomish v. BNSF

Here: BNSF opening brief Swinomish answer brief Other posts here.  

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

National Indian Law Library Bulletin (1/10/2019)

Here: The National Indian Law Library added new content to the Indian Law Bulletins on 1/10/19. U.S. Supreme Court Bulletin http://www.narf.org/nill/bulletins/sct/2018-2019update.html Petitions for certiorari were denied in the following on 1/7/19: Stand Up for California! v. U.S. Dep’t of the … Continue reading

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

Tenth Circuit Decides Davilla v. Enable Midstream Partners

Here is the opinion in Davilla v. Enable Midstream Partners. Briefs: appellant brief appellee brief reply Lower court materials here and here.

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

HCN: “Adoption didn’t solve the ‘Indian Problem’”

By Susan Harness, here.

Posted in Author: Matthew L.M. Fletcher, legal history, News | Tagged ,

Casino Pauma v. NLRB Cert Petition

Here: Cert Petition Questions presented: 1. Should this Court reconsider Chevron? 2. Does the National Labor Relations Act apply to Indian tribes?  3. Does the employee-to-employee solicitation rule in Republic Aviation empower employees to solicit customers in business “guest areas” like restrooms … Continue reading

Posted in Author: Matthew L.M. Fletcher, Labor Relations, Research, Supreme Court | Tagged , , , ,