Federal Court Orders Exhaustion in Claims involving Interpretation of Navajo Insurance Law

Here are the materials in Progressive Advanced Insurance Company v. Worker (D. Ariz.):

11 Motion to Dismiss

15 Response

16 Reply

17 DCT Order

An excerpt:

The Court determines that the tribal courts of the Navajo Nation have a colorable or plausible claim to jurisdiction over this matter. See Elliott, 566 F.3d at 848. Like the insurer in Stump, Progressive issued an insurance policy that listed a tribal member as a named insured and covered vehicles that were kept on tribal lands. Unlike the insurer in Stump, however, Progressive never mailed anything to an address on tribal lands. To the extent that factor is dispositive, it may be that the tribal court lacks jurisdiction. But this is a question that must be answered first by the tribal courts of the Navajo Nation. See LaPlante, 480 U.S. at 16 (explaining that the tribal court should have “‘the first opportunity to evaluate the factual and legal bases for the challenge’ to its jurisdiction”). An analysis of the Todecheene decision does not change this conclusion. In that case, the Ninth Circuit ultimately determined that it was not clear that the tribal courts plainly lacked jurisdiction. Todecheene, 488 F.3d at 1216. This Court reaches the same conclusion here.

NYTs: “Guardians of a Vast Lake, and a Refuge for Humanity”

Here.

Which Acronym is Real?

ACTUP: Association of California Tribes for Unseating Trump

ART: Alliance of Republican Tribes

BELT: Band of Eleven Libertarian Tribes

COLT: Coalition of Large Tribes

COSTLY: Council of Small Tribes for the Liberation of the Yukon

GASHOG: Groups of AmerIndians Singing for a Hot Oily God

MIGHT: Michigan Indians Greatly Hating Trump

MOOGIE*: Men going On and On about Gasoline, Indians, and Energy

NCAI: National Coalition of Atheist Indians

PIGLET: Privatization Indians Going to LovE Trump

PIPE: Progressive Indians Protesting Evil

TCHWUNK**: Trump-lovers Challenging Willing and Unattached Natives to Kiss

TIGER: Tribes in Giant Elevated Reservations

TRIBES: Tribes Revelling In Boring Extraction Science

ZINKE: Zealous Indians in Native Kommunities on Earth

The answer is COLT.

* Tchwunk 

** Moogie.

Dept. of Army Issues Notice to Congress of Intent to Grant Easement to Dakota Access

Here:

Dakota Access Pipeline Notification

News coverage.

Notice Filed in District Court Case

Exhibit 1 (Notice to Congress)

Exhibit 2 (Memorandum of Compliance with Presidential Memorandum)

Exhibit 3 (Notice of termination of EIS)

Ahniwake Rose: “Why Aren’t We Talking About Native American Students?”

From Education Week, here.

An excerpt:

It’s more than a little upsetting that in more than three hours of testimony before Congress on her nomination to be the new U.S. secretary of education, neither Betsy DeVos nor the members of Congress grilling her said anything—not a single word—about a cohort of more than a half-million American students who will fall under the Department of Education’s remit.

That group? Native American students.

Keith Harper: “The Importance of Judicial Contempt Proceedings in a Trump Era”

From Just Security, here.

An excerpt:

This brings us back to the peculiarities of President Trump and his administration.  The United States has a long history, going back to Marbury v. Madison, of courts deciding what the law is and enforcing lawful decisions.  And other than the occasional aberration such as President Andrew Jackson’s refusal to enforce the decision of Chief Justice John Marshall in the Cherokee Nation cases in the early 1830s, judicial decrees have reigned supreme, and through their regular and systematic enforcement established this as a nation governed by the rule of law. That system of rules and norms is a critical stabilizing force for sound democratic governance.

 

Two New Symposium Issues on Indigenous Law

Here is the symposium from the McGill Law Journal:

Indigenous Law and Legal Pluralism
ARTICLES
not availableIntroduction: Moving from the Why to the How of Indigenous Law
Fraser Harland 721
Val Napoleon and Hadley Friedland 725
Robert YELḰÁTTE Clifford 755
John Borrows 795
Aaron Mills 847
Sébastien Grammond et Christiane Guay 885
Geneviève Motard 907
Kirsten Manley-Casimir 939
Lara Ulrich and David Gill 979

Here is the symposium from the Windsor Yearbook of Access to Justice:

VOL 33, NO 1 (2016): WINDSOR YEARBOOK OF ACCESS TO JUSTICE

Special Issue: Indigenous Law, Lands and Literature

Continue reading

New Scholarship on the Sixth Circuit’s NLRB Tribal Jurisdiction Cases

Riley Plumer has published “Overriding Tribal Sovereignty by Applying the National Labor Relations Act to Indian Tribes inSoaring Eagle Casino and Resort v. National Labor Relations Board” in Law & Inequality.

 

News Release: Statement of Acting Assistant Secretary Michael S. Black on the Standing Rock Sioux Tribe and BIA Law Enforcement Assistance

Here:

Press Release