48 Cited authorities

Safe Air for Everyone v. Meyer
373 F.3d 1035 (9th Cir. 2004) Cited 3,216 times 1 Legal Analyses
Holding residue generated from the cultivation of bluegrass was not discarded because, among other things, it was reused "in a continuous process of growing and harvesting Kentucky bluegrass seeds, the generating industry"
Duke Power Co. v. Carolina Env. Study Group
438 U.S. 59 (1978) Cited 1,586 times
Holding that "a ‘but for’ causal connection" between plaintiff's injury and defendant's act sufficed for traceability
Kiowa Tribe of Okla. v. Manufacturing Technologies
523 U.S. 751 (1998) Cited 645 times 16 Legal Analyses
Holding that “an Indian tribe is subject to suit only where Congress has authorized the suit or the tribe has waived its immunity”
Montana v. United States
450 U.S. 544 (1981) Cited 742 times 14 Legal Analyses
Holding that an Indian tribe may prohibit or regulate hunting and fishing by nonmembers on tribal land
United States v. Wheeler
435 U.S. 313 (1978) Cited 809 times 1 Legal Analyses
Holding that "the prosecution of an Indian in a federal district court under the Major Crimes Act, 18 U.S.C. § 1153, when he has previously been convicted in a tribal court of a lesser included offense arising out of the same incident" is not barred by the Double Jeopardy Clause
Blatchford v. Native Village of Noatak
501 U.S. 775 (1991) Cited 480 times 4 Legal Analyses
Holding that a federal statute, 28 U.S.C. § 1362, providing federal jurisdiction for suits by Indian tribes, did not abrogate state sovereign immunity for suits for money damages
Lawrence v. Dunbar
919 F.2d 1525 (11th Cir. 1990) Cited 1,602 times
Holding that in those circumstances we treat the challenge as a summary judgment motion and thus “[o]ur review is ... plenary”
Larson v. Domestic Foreign Corp.
337 U.S. 682 (1949) Cited 1,471 times 2 Legal Analyses
Holding that "if the actions of an officer do not conflict with the terms of his valid statutory authority, then they are the actions of the sovereign"
Menchaca v. Chrysler Credit Corp.
613 F.2d 507 (5th Cir. 1980) Cited 1,059 times
Finding that plaintiffs did not provide evidence of police officers acting in concert with defendants during a repossession to deprive plaintiffs of constitutional rights
Bank v. Pitt
928 F.2d 1108 (11th Cir. 1991) Cited 638 times
Holding that a district court's discretion to grant leave to amend is "severely restricted" by Rule 15's command that such leave "be freely given"
Section 1331 - Federal question
28 U.S.C. § 1331 Cited 97,409 times 134 Legal Analyses
Finding that in order to invoke federal question jurisdiction, a plaintiff's claims must arise "under the Constitution, laws, or treaties of the United States."
Section 1964 - Civil remedies
18 U.S.C. § 1964 Cited 6,087 times 41 Legal Analyses
Granting civil remedies for RICO violation
Section 1153 - Offenses committed within Indian country
18 U.S.C. § 1153 Cited 2,803 times 4 Legal Analyses
Granting "exclusive jurisdiction" in certain Indian Country cases to tribes or the federal government
Section 2701 - Findings
25 U.S.C. § 2701 Cited 816 times 19 Legal Analyses
Finding that “[f]ederal courts have held that section 81 of this title requires Secretarial review of management contracts dealing with Indian gaming, but does not provide standards for approval of such contracts”
Section 1362 - Indian tribes
28 U.S.C. § 1362 Cited 415 times 2 Legal Analyses
Granting federal district courts original jurisdiction over "all civil actions, brought by any Indian tribe or band with a governing body duly recognized by the Secretary of the Interior, wherein the matter in controversy arises under the Constitution, laws, or treaties of the United States."
Section 2702 - Voluntary disclosure of customer communications or records
18 U.S.C. § 2702 Cited 344 times 24 Legal Analyses
Restricting use of Internet subscriber information without consent
Section 1362 - Communication lines, stations or systems
18 U.S.C. § 1362 Cited 40 times 2 Legal Analyses
Providing a maximum sentence of ten years

Miccosukee Tribe of Indians of Florida v. Cypress et al

48 Cited authorities

Holding residue generated from the cultivation of bluegrass was not discarded because, among other things, it was reused "in a continuous process of growing and harvesting Kentucky bluegrass seeds, the generating industry"

Holding that "a ‘but for’ causal connection" between plaintiff's injury and defendant's act sufficed for traceability

Holding that “an Indian tribe is subject to suit only where Congress has authorized the suit or the tribe has waived its immunity”

Holding that an Indian tribe may prohibit or regulate hunting and fishing by nonmembers on tribal land

Holding that "the prosecution of an Indian in a federal district court under the Major Crimes Act, 18 U.S.C. § 1153, when he has previously been convicted in a tribal court of a lesser included offense arising out of the same incident" is not barred by the Double Jeopardy Clause

Holding that a federal statute, 28 U.S.C. § 1362, providing federal jurisdiction for suits by Indian tribes, did not abrogate state sovereign immunity for suits for money damages

Holding that in those circumstances we treat the challenge as a summary judgment motion and thus “[o]ur review is ... plenary”

Holding that "if the actions of an officer do not conflict with the terms of his valid statutory authority, then they are the actions of the sovereign"

Finding that plaintiffs did not provide evidence of police officers acting in concert with defendants during a repossession to deprive plaintiffs of constitutional rights

Holding that a district court's discretion to grant leave to amend is "severely restricted" by Rule 15's command that such leave "be freely given"

Finding that in order to invoke federal question jurisdiction, a plaintiff's claims must arise "under the Constitution, laws, or treaties of the United States."

Granting civil remedies for RICO violation

Granting "exclusive jurisdiction" in certain Indian Country cases to tribes or the federal government

Finding that “[f]ederal courts have held that section 81 of this title requires Secretarial review of management contracts dealing with Indian gaming, but does not provide standards for approval of such contracts”

Granting federal district courts original jurisdiction over "all civil actions, brought by any Indian tribe or band with a governing body duly recognized by the Secretary of the Interior, wherein the matter in controversy arises under the Constitution, laws, or treaties of the United States."

Restricting use of Internet subscriber information without consent

Providing a maximum sentence of ten years