Arizona COA Holds State Court Does Not Have Jurisdiction over Tribal Member Defendant in Claim Arising on State Highway on Reservation

Here is the opinion in Medina v. Estate of Cody:

An excerpt:

The issue before us is whether a plaintiff who is not an enrolled tribal member may bring a civil tort case in state court against an enrolled tribal member for conduct occurring within tribal reservation boundaries but on a stretch of land for which the State has been granted a highway right-of-way easement. We hold that a non-tribal plaintiff bringing such a case cannot hale a nonconsenting enrolled tribal member defendant into state court for actions arising out of conduct on the defendant’s reservation, even when that conduct occurs on a state highway. Accordingly, we affirm.

Decisions, Decisions Part II: The 2023 Term and Beyond at the Indigenous Law Conference

visit www.indigenouslawconference.com to register, book your stay, or become a sponsor

Heather Tanana to Speak at UMLS Next Week

Second ULC Listening Session on Uniform State ICWA Law on Nov. 6

In a letter that went out on September 26, the Uniform Law Commission announced a second listening session on the benefits and drawbacks of a potential model state ICWA law.

TribalLeaderLetter_092623

The registration link is here

 

 

Cougar Den Prevails in Administrative Proceeding Initiated by Washington State’s Continued Effort to Impose Motor Fuel Tax Despite Losing at SCOTUS

Here are the materials in In re Cougar Den Inc. (Wash. O.A.H.):

Cougar Den Motion for Summary J

Dept Motion for Summary J

Cougar Den Opposition

Dept Response

Cougar Den Reply

Dept Reply

 

Initial Order on Summary Judgment Motions

Yeesh, they were right about Dall-E being expert at generating bad art: “cougar driving a truck in the style of the simpsons”

Decisions, Decisions Part I: The 2022 Term at the Indigenous Law Conference

SCOTUS Denies Two Indian Law Cert Petitions

Here is today’s order list.

The two denied petitions are Bird Industries v. Tribal Business Council of the Three Affiliated Tribes of the Fort Berthold Indian Reservation and Sauk-Suiattle Tribe v. City of Seattle.

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