Turtle Talk

Here is the amended opinion:

CA5 Amended Opinion

The main amendment appears to be that the panel will no longer rely upon the Ninth Circuit’s holding in Water Wheel — and instead finds that the tribe retains jurisdiction over the underlying tort claim under the Montana 1 consensual relations exception.

The court also voted 9-5 to deny the en banc petition: CA5 Order Denying Dolgencorp En Banc Petition

En banc petition materials here.

Panel materials here.

Lower court decision and materials here.