Editor's Note :

Editor's Note :

On Monday at 9:30 a.m. we expect the Court to issue orders from the October 31 Conference; we do not expect the Justices to issue any decisions on the merits.
Our list of "Petitions to watch for that Conference is here.

Furry v. Miccosukee Tribe of Indians of Florida

Petition for certiorari denied on November 26, 2012
Docket No. Op. Below Argument Opinion Vote Author Term
12-376 11th Cir. N/A N/A N/A N/A OT 2012

Issue: (1) Whether Justice Brandeis’s opinion in Turner v. United States supports the concept of tribal sovereign immunity or should that accidental doctrine, questioned in Kiowa Tribe of Oklahoma v. Manufacturing Technologies, Inc., be revised and discarded, at least in the context of tribal alcoholic beverage commercial activities; (2) whether 18 U.S.C. § 1161 and Rice v. Rehner exclude tribal alcoholic beverage endeavors from sovereign immunity protection; and (3) whether tribal sovereign immunity precludes a suit against an Indian Tribe which has obtained a state liquor license and has operated an alcoholic beverage facility pursuant to that liquor license and in the process has violated state law subjecting a license holder to liability.

DateProceedings and Orders
Sep 21 2012Petition for a writ of certiorari filed. (Response due October 26, 2012)
Oct 25 2012Brief of respondent Miccosukee Tribe of Indians of Florida in opposition filed.
Nov 2 2012Reply of petitioner John V. Furry, as Personal Representative of the Estate and Survivors of Tatiana H. Furry filed.
Nov 5 2012DISTRIBUTED for Conference of November 20, 2012.
Nov 26 2012Petition DENIED.
 
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