Interesting development. Wisconsin, being a PL280 state, has issues with concurrent jurisdiction. Now a state court has discretion to stay a state court proceeding if a tribal court has concurrent jurisdiction, and transfer the case to tribal court, if other factors are met.
There were three dissenters, focusing on Plains Commerce Bank. Not sure why, given that the state court has to find concurrent jurisdiction before transferring anyway. What’s the harm if the state court finds jurisdiction consistent with federal common law?
Turtle Talk 