No. 24-1240

Unkechaug Indian Nation, et al. v. Amanda Lefton, Commissioner, New York State Department of Environmental Conservation, et al.

Lower Court: Second Circuit
Docketed: 2025-06-05
Status: Denied
Type: Paid
Tags: daubert-standard due-process expert-testimony gatekeeping-obligation in-camera-review summary-judgment
Key Terms:
DueProcess JusticiabilityDoctri
Latest Conference: 2025-09-29
Question Presented (AI Summary)

Whether the District Court violated Petitioners' due process rights by granting summary judgment without fulfilling its Daubert gatekeeping obligation, failing to address motions to exclude expert testimony, and not conducting an in camera review of privileged documents

Question Presented (OCR Extract)

Whether the District Court violated Petitioners' due process rights by granting summary judgment without first fulfilling its gatekeeping obligation under Daubert v. Merrell Dow Pharmaceuticals, Inc. , 509 U.S. 579 (1993), to rule on the parties' pending motions to exclude or limit expert testimony? Whether the District Court erred by relying on the Respondents' expert witness in its summary judgment decision without first addressing the Petitioners' motion to exclude or limit Respondents’ expert's testimony under Daubert ? Whether the District Court violated Petitioners' due process rights by failing to conduct an in camera review of 4,780 documents withheld by Respondents under claims of privilege, despite having ordered such a review and having possession of the documents since May 2019? Whether the Court improperly analyzed the Andros Treaty by not finding the Treaty ambiguous and conducting the Indian Canons analysis? Whether the Court misapprehended the law in finding the Andros Treaty not valid under Federal law?

Docket Entries

2025-10-06
Petition DENIED.
2025-08-20
DISTRIBUTED for Conference of 9/29/2025.
2025-08-20
Reply of Unkechaug Indian Nation, et al. submitted.
2025-08-20
Reply of petitioners Unkechaug Indian Nation, et al. filed. (Distributed)
2025-08-06
Brief of Basil Seggos, et al. in opposition submitted.
2025-08-06
Brief of respondents Basil Seggos, et al. in opposition filed.
2025-08-06
Brief of respondents Amanda Lefton, Commissioner, New York State Department of Environmental Conservation, et al. in opposition filed.
2025-06-16
Motion to extend the time to file a response is granted and the time is extended to and including August 6, 2025.
2025-06-13
Motion of Basil Seggos, et al. for an extension of time submitted.
2025-06-13
Motion to extend the time to file a response from July 7, 2025 to August 6, 2025, submitted to The Clerk.
2025-06-02

Attorneys

Basil Seggos, et al.
Barbara Dale UnderwoodSolicitor General, Respondent
Unkechaug Indian Nation, et al.
James Francis SimermeyerLaw Offices of James F. Simermeyer P.C., Petitioner