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Ho-Chunk, Inc. et al v. Lynch et al

Cross MOTION for Summary Judgment Combined Cross-Motion/Opposition

56 Cited authorities

  1. Chevron U.S.A. v. Natural Res. Def. Council

    467 U.S. 837 (1984)   Cited 16,133 times   608 Legal Analyses
    Holding that courts "must give effect to the unambiguously expressed intent of Congress"

  2. Auer v. Robbins

    519 U.S. 452 (1997)   Cited 2,364 times   100 Legal Analyses
    Holding that a federal agency's interpretation of a regulation is controlling where it is not "plainly erroneous or inconsistent with the regulation"

  3. Abbott Laboratories v. Gardner

    387 U.S. 136 (1967)   Cited 5,341 times   9 Legal Analyses
    Holding that plaintiffs subject to a regulation had standing to challenge it even though the Attorney General had yet to "authorize criminal and seizure actions for violations of the statute"

  4. United Savings Assn. v. Timbers of Inwood Forest

    484 U.S. 365 (1988)   Cited 2,065 times   10 Legal Analyses
    Holding that § 506(b) “deni [es] ... postpetition interest to undersecured creditors,” and recognizing “an apparent anomaly” that when a debtor proves solvent, 11 U.S.C. § 726 provides for post-petition interest on unsecured claims “but not on the secured portion of undersecured creditors' claims,” but concluding that these particular “inequitable effects ... are entirely avoidable, since an undersecured creditor is entitled to ‘surrender or waive his security and prove his entire claim as an unsecured one’ ”

  5. Whitman v. American Trucking Assns., Inc.

    531 U.S. 457 (2001)   Cited 1,128 times   29 Legal Analyses
    Holding that agency rulemaking "has no bearing upon" whether a statutory delegation is constitutional

  6. Russello v. United States

    464 U.S. 16 (1983)   Cited 2,118 times   6 Legal Analyses
    Holding that where "Congress includes particular language in one section of a statute but omits it in another section of the same Act," courts presume that "Congress acts intentionally and purposely in the disparate inclusion or exclusion"

  7. Smith v. City of Jackson

    544 U.S. 228 (2005)   Cited 662 times   57 Legal Analyses
    Holding that "when Congress uses the same language in two statutes having similar purposes, particularly when one is enacted shortly after the other, it is appropriate to presume that Congress intended that text to have the same meaning in both statutes."

  8. Mich. v. Bay Mills Indian Cmty.

    572 U.S. 782 (2014)   Cited 458 times   19 Legal Analyses
    Holding that tribal immunity extends to "suits arising from a tribe’s commercial activities, even when they take place off Indian lands"

  9. Reno v. Catholic Social Services, Inc.

    509 U.S. 43 (1993)   Cited 671 times
    Holding that claims of immigrants who never applied for amnesty, challenging alleged mistakes made in administration of amnesty provision, were not ripe

  10. Nevada v. Hicks

    533 U.S. 353 (2001)   Cited 406 times   1 Legal Analyses
    Holding that a tribal court lacked jurisdiction over claims asserted against state officials who executed a search warrant on tribal land to search for evidence of an off-reservation crime

  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 333,761 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  12. Section 1332 - Diversity of citizenship; amount in controversy; costs

    28 U.S.C. § 1332   Cited 113,847 times   572 Legal Analyses
    Holding district court has jurisdiction over action between diverse citizens "where the matter in controversy exceeds the sum or value of $75,000"

  13. Section 551 - Definitions

    5 U.S.C. § 551   Cited 4,835 times   77 Legal Analyses
    Adopting the definition set out in the APA

  14. Section 704 - Actions reviewable

    5 U.S.C. § 704   Cited 4,328 times   33 Legal Analyses
    Granting judicial review over " final agency action"

  15. Section 1151 - Indian country defined

    18 U.S.C. § 1151   Cited 1,188 times   8 Legal Analyses
    Defining "Indian country" even more broadly

  16. Section 2342 - Unlawful acts

    18 U.S.C. § 2342   Cited 171 times   2 Legal Analyses
    Record-keeping requirements for any single transaction of over 10,000 cigarettes

  17. Section 2341 - Definitions

    18 U.S.C. § 2341   Cited 154 times
    Requiring "contraband cigarettes" to also be in the possession of non-exempt persons

  18. Section 375 - Definitions

    15 U.S.C. § 375   Cited 94 times   5 Legal Analyses
    Requiring persons shipping or delivering cigarettes to a state that taxes the sale or use of cigarettes to comply with various reporting requirements identifying to the state the monthly cigarette shipments and the consumers who purchased them

  19. Section 2346 - Enforcement and regulations

    18 U.S.C. § 2346   Cited 28 times
    Permitting civil actions to enforce the CCTA to be brought by " State, through its attorney general, a local government, through its chief law enforcement officer (or a designee thereof), or any person who holds a permit under chapter 52 of the Internal Revenue Code of 1986 . . ."

  20. Section 2344 - Penalties

    18 U.S.C. § 2344   Cited 28 times

    (a) Whoever knowingly violates section 2342(a) of this title shall be fined under this title or imprisoned not more than five years, or both. (b) Whoever knowingly violates any rule or regulation promulgated under section 2343(a) or 2346 of this title or violates section 2342(b) of this title shall be fined under this title or imprisoned not more than three years, or both. (c) Any contraband cigarettes or contraband smokeless tobacco involved in any violation of the provisions of this chapter shall

  21. Section 646.143 - Meaning of terms

    27 C.F.R. § 646.143   Cited 3 times

    When used in this part, terms are defined as follows in this section. Words in the plural shall include the singular, and vice versa. Words indicating the masculine gender shall include the feminine. The terms "includes" and "including" do not exclude other things not named which are in the same general class or are otherwise within the scope of the term defined. Appropriate ATF officer. An officer or employee of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) authorized to perform

  22. Section 646.142 - Territorial extent

    27 C.F.R. § 646.142   Cited 1 times

    The provisions of the regulations in this part apply in the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and the Virgin Islands. 27 C.F.R. § 646.142