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Selected Cases and Decisions of Interest of Attorney Scott M. Moore

Baraga Products, Inc. v. Commissioner of Revenue, 971 F. Supp. 294 (W.D. Mich. 1997 J. McKeague ), aff'd, 156 F.3d 1228 (6th Cir. 1998 )(A jurisdictional decision holding that a corporation organized and existing under the laws of a state does not have any Indian rights even when 100% Indian owned; but possibly if acting as an agent of an Indian Tribe; District Court Judge David W. McKeague later elevated to 6th Circuit)

Berman, et al v. Captain Hulbert House, et al, Index No. 2009/23883 (Suffolk County Supreme Court)(Mortgage fraud case dismissed)

Gristedes Foods, Inc. v. Poospatuck (Unkechauge) Indian Nation, Case No. 06-1260 (E.D.N.Y. 2006)(Grocery chain suit against Indian Tribes and Smoke shops, dismissed before trial.)

In re: AffidavIit and Notice of Entry of Foreign Judgment, Case No. 07-5718-P2 (12th Circuit Court, MI)(Domestication of Tribal Court Judgment in state court, denied.)

In re: Garza, (U.S. Board of Immigration Appeals)

In re: Keweenaw Bay Indian Community, Human Rights Complaint (Office of the United Nations High Commissioner for Human Rights, Geneva, Switzerland 2014)(Permitted mining activity on ceded territory treaty rights.)

In re: Shinnecock Brand, Serial No. 78918061, 78918500 (U.S. Patent & Trademark Office), aff'm, No. 2009-1100 (U.S. Court of Appeals for the Federal Circuit), cert den. (U.S. Supreme Court)(Registration of tribal trademark by tribal member denied, even with a PTO history of successful registrations of tribal trademarks by non-tribal members.)

Jonathan K. Smith v. Mark W. Everson, in his official capacity as Commissioner of Internal Revenue, Case No. cv-06-0791 (E.D.N.Y.), rev. and remanded, Case No. 06-4686 (2nd Cir., J. Sotomayor)(District Court must explain reasons for denial of injunctive relief.), aff'd, 08-1896 (2nd Cir.), cert. den. (U.S. Supreme Court)(2nd Circuit Judge Sonya Sotomayor later elevated to the U.S. Supreme Court)

Landis Enterprises v. Nuxe, Case No. 0205 (London Court of International Arbitration, London, 2000)(Breach of contract arbitration involving the US and France and the UN Convention on Contracts for the International Sales of Goods, arbitrator finding of liability against a French cosmetics firm)

Michigan v. Livingston (97th District Court, MI, 1990)(Clerked for the defense; Prosecution of Indian in treaty rights fishing case, dismissed during trial.)

New York v. Gerrod T. Smith, Case No. 08101351 (Southampton Town Court, NY), removed, Case No. 08-cv-4422 (E.D.N.Y.), No. 09-3701 (2nd Cir.)(Proseuction of Indian in treaty rights fishing case, dismissed before trial.)

Pol v. Ashirov, Index No. 4557/2009 (Queens County Supreme Court, 2009)(Mortgage foreclosure case against Kazhakstani immigrants, dismissed after trial.)

United States Ex Rel. Vallejo v. Investronica, Inc., 2 F. Supp. 2d 330 (W.D.N.Y. 1998) (A jurisdictional decision involving the United States and Spain, holding that the United States District Courts have jurisdiction under the federal False Claims Act involving claims of US customs fraud.)

United States v. Zachary C. Williams, Case No. cr-10-216 (W.D.O.K. 2011)(Lead defense counsel; Jury acquital on 5 out of 6 counts at trial involving allegations of pharmaceutical law violations on Indigenous territory.)

United States v. James Gray, et al, Case No. 12 CR 569 (N.D.N.Y. 2012) (Original lead defense counsel until disqualified by motion of the U.S. government; Jury acquittal of 3 defendants on all counts involving allegations of gaming on Indigenous territory; dismissal against remaining 2 defendants after trial by motion of the U.S. government.)

Zhenny Wang v. Curtis J. Tompkins, in his official capacity as President of Michigan Technological University (12th Circuit Court, MI, 1992) (A mandamus case; Internal university finding of scientific misconduct against a Chinese academic, reversed after an internal university rehearing.)