Miccosukee Tribe of Indians of FL v. Cypress, No. 14-12115 (11th Cir. 2015)
Annotate this CaseThe Tribe appealed from two orders and a final judgment in a fraud-and-embezzlement-related RICO suit against former tribal officials, several attorneys, a law firm, and Morgan Stanley. In this case, the undisputed current leaders of the Tribe seek entry into federal court asserting federal question jurisdiction based on federal statutory claims against Tribal and non-Tribal members alike. On the pleadings as presented at this stage of the proceedings, general justiciability concerns regarding intra-Tribal conflicts do not defeat jurisdiction. The court affirmed the dismissal of the suit for failure to state a claim, however, because the Tribe did not challenge the dismissal on these grounds in its opening brief and because the complaint lacks the requisite specificity and fails to state a plausible claim.
The court issued a subsequent related opinion or order on March 8, 2017.
The court issued a subsequent related opinion or order on April 28, 2017.
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