Here. Interesting petition, if for no other reason than the respondent supports the petition (!!!).
Title: Miccosukee Tribe v. Kraus-Anderson Construction Co.
Docket: 10-717
Issue(s): Whether an action to obtain recognition of an Indian tribal court judgment presents a federal question under 28 U.S.C. § 1331.
Certiorari-Stage Documents:
- Opinion below (11th Cir.)
- Petition for certiorari
- Respondent’s brief in support of petition for certiorari
ETA-the petition was listed as a petition to watch by SCOTUSblog on 1/20 because it will likely be considered by the Justices at their 1/21 conference.
One wonders why the Tribe did not seek registration/enforcement of its judgment in a State Court where KA has assets. The answer can only be that the Tribe’s legal counsel researched the possibility and came to the conclusion that a State Court would, under principles of comity, inquire into “due process” issues and would find that the denial of an appeal by a Tribal Council sitting as a court of appeals, knowing full well that it has a stake in the outcome, does not comport with thtat State Courts standards for due process and would not enforce the judgment. I don’t think the Supreme Court will grant cert. We are fast learning that Federal District Courts are courts of limited jurisdiction and jurisdiction can’t be premised pemised on an agreement. The Federal Court either has jurisdiction or it does not. Here, it does not. However, given the “activism” of the Court in recent years with regard to Indian cases, they could take it, uphold the Court of Appeals, but expound on issues of due process in tribal courts that don’t fit the “normal” American Jurisprudence scheme. I hope they just deny cert.