Wednesday, May 15, 2013

Eleventh Circuit -- Miccosukee Tribe of Indians of Florida v. USA, et al.

Complaint sub-Iqbal in clarity, but can be sufficiently assessed for appellate review.

Easements outside of trial record cannot be basis for claim of improper regulatory action.

Corps cannot take tribal interests in land without Due Process.

Due Process claim dispositively marred by vagueness, ambiguity, citing of wrong Amendment.


Miccosukee Tribe of Indians of Florida v. USA, et al.
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.