North Dakota Federal Court Holds that Exposing Nonmember Conducting Business on Indian Land to a Suit Enforcing a Contract-Based Smoking Ban to which the Nonmember Agreed to Creates an Irreparable Harm

Color me skeptical about the state of the Eighth Circuit’s tribal inherent powers jurisprudence if a tribal citizen who leases their land to nonmembers, who then violate the terms of that lease, cannot bring suit in tribal court to enforce the lease. Seems to me this holding is in direct conflict with the Supreme Court’s decisions ordering tribal exhaustion.

Here are the materials in WPX Energy Williston LLC v. Fettig (D.N.D.):

1 Complaint

16 Answer + Counterclaim

20 Motion to Dismiss

22 Motion to Dismiss Counterclaim

24-12 MHA Nation Trial Court Decision

25 Response to 20

27 Motion for Preliminary Injunction

38 Reply in Support of 20 + Response to 27

43 Response to 22

44 Reply in Support of 27

47 Reply in Support of 22

51 DCT Order on Motion to Dismiss