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October 23, 2012


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Nicholas J. Wagoner

That's an interesting observation Kathryn. The Second Circuit case quoted above was decided in 1980. It sounds like the Second Circuit has shifted toward the minority viewpoint. Thanks for the comment!

Kathryn Fort

Huh. Recently the Second Circuit hasn't been remotely interested in balancing the equities in laches cases. Laches was applied to the Oneida Nation by the Supreme Court in Sherrill, and then used against the Cayuga Nation in the Second Circuit (barring all forms of relief, including monetary). Even more interestingly, the Second Circuit just denied the Onondaga Nation from "balancing the equities" last week.


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