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Federal Jurisdiction Federal v State Law Application

Felicello Law PC

You Can’t Always Get What You Want (In Federal Court)

Felicello Law PC on

We all know that federal courts are courts of limited jurisdiction. What does that mean in the arbitration context? Something new as of March 31st! Federal courts do not have stand-alone jurisdiction to hear any...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Does McGirt Cede Oklahoma Waters to Native American Tribes?

On July 9, the U.S. Supreme Court made waves in McGirt v. Oklahoma by overturning a criminal conviction imposed upon a Native American defendant under Oklahoma law. The primary reasons for overturning the conviction were that...more

K&L Gates LLP

Indian Land Then, Remains Indian Land Now: The Supreme Court Confirms That a Significant Portion of Eastern Oklahoma Is a Native...

K&L Gates LLP on

On July 9, 2020, the United States Supreme Court held in McGirt v. Oklahoma that, for purposes of the Major Crimes Act (MCA), land in eastern Oklahoma reserved for the Creek Nation pursuant to a treaty ratified by Congress...more

Hicks Johnson

Oklahoma Oil and Gas Business Braces for Change in Wake of Supreme Court Decision

Hicks Johnson on

On July 9, 2020, the Supreme Court issued its opinion in McGirt v. Oklahoma, ruling that most of the eastern half of Oklahoma is an Indian reservation. While the decision ostensibly resolves a jurisdictional challenge to a...more

Dorsey & Whitney LLP

McGirt v. Oklahoma

Dorsey & Whitney LLP on

In series of Treaties with the Creek Nation in the 1830s, the United States established a Reservation for the Creeks, covering millions of acres in northeastern Oklahoma, including land on which the City of Tulsa is located....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Monumental SCOTUS Ruling Has Potential to Alter Legal and Regulatory Regimes in Eastern Oklahoma and Western Arkansas

Yesterday, the United States Supreme Court clouded the jurisdiction of the entire eastern half of Oklahoma in McGirt v. Oklahoma, including the state’s power to enforce laws within the City of Tulsa, by holding that certain...more

Faegre Drinker Biddle & Reath LLP

Creek Nation Affirmed: Supreme Court Maintains Congress Must Clearly Express Intent to Disestablish a Reservation

On July 9, 2020, the U.S. Supreme Court held in McGirt v. Oklahoma, No. 18-9526, that the Creek Nation’s reservation in northeastern Oklahoma has never been disestablished. The decision resolves not only McGirt, but its...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides McGirt v. Oklahoma

On July 9, 2020, the U.S. Supreme Court decided McGirt v. Oklahoma, No. 18-9526, holding that the Creek Nation’s reservation in northeastern Oklahoma, which includes most of the city of Tulsa, has never been disestablished. ...more

Seyfarth Shaw LLP

Klocke’s Ongoing Viability: Whether the TCPA’s Statutory Changes Have Resurrected Its Applicability in Federal Court

Seyfarth Shaw LLP on

On August 23, 2019, the United States Court of Appeals, Fifth Circuit ruled that the Texas Citizen’s Participation Act, Texas Civil Practices and Remedies Code Chapter 27 (“TCPA”), did not apply in federal court. Klocke v....more

Goodwin

Supreme Court Clarifies When State Law Claims Are Removable Under the Securities Exchange Act of 1934

Goodwin on

On May 16, 2016, the U.S. Supreme Court issued its decision in Merrill Lynch, Pierce, Fenner & Smith Inc. v. Manning, 578 U.S. __ (May 16, 2016), which resolved a longstanding circuit split as to the scope of exclusive...more

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