Federal Circuit Petitions for En Banc Review

[denney]

Federal Circuit Petitions for En Banc Review


Notes by
Erick G. Kaardal


April 24, 2009

Dear all:

Greetings.

Please find linked to this website in the right hand column copies of two petitions for the U.S. Court of Appeals for the Federal Circuit to review en banc (12 judges) the 3-judge panel decision dated March 10, 2009. One petition was filed by Wolfchild Plaintiffs-Appellees. One petition was filed by the Lower Sioux Indian Community. We recommend you read them both.

It will take several weeks for the court to determine whether to grant discretionary review.

Thanks for your patience.

egk





------------Important Notice------------------

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Wolfchild Plaintiffs-Appellees' Petition for En Banc Review

www.mklaw.com/documents/PetitionforEnBancandApx-Wolfchild42309.pdf


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Lower Sioux Indian Community'sPetition for En Banc Review

www.mklaw.com/documents/PetitionforEnBanc-LowerSioux42309.pdf

[mdenney]

Thanks for the post cuz!

[Mathew503]

This makes an interesting argument.. a good read.

[wanderer]

As many of you may know by now, the petition for an en banc review was denied by the 1st Circuit Court of Appeals. Plaintiff's attorneys may try an appeal to the Supreme Court, but I think it wil be a futile gesture. I doubt that the Roberts Court would even hear the appeal
Plaintiffs in breach of trust actions have lost supreme court decisions and then refiled with new facts that had not been presented before; but the odds apear impossibly long.

[tfeleht2]

Wolfchild Plaintiffs will more than likely appeal the en banc denial to the U.S. Supreme Court. The only matters now before the Plaintiffs is how they will go about this. Either all are on board with Erick Kaardal and company or the other Plaintiffs can go on their own appeal.

I'm sure most of the Wolfchild Plaintiffs want to appeal to the U.S. Supreme court.

[wanderer]

The only case before the courts is the "Wolfchild" case, and Erik and Co. are the atty's of record (along with Gary Montana). They will probably attempt an appeal to the Supreme Court, but I really doubt that such an appeal would be heard. If the lawyers for the plaintiffs decide that an appeal is futile or if there are insufficeint funds to support one, then a refiling based on arguements that have not been ruled on could be the basis for a new case to be filed at FCC level.

[mdenney]

What round is this now...dizzy from the first blow...