NYTs (Liptak) on SCT Cert Petition involving Cherokee ICWA Case

Here.

Federal Court Orders Exhaustion of Tribal Remedies in Shoshone-Bannock Zoning Case

Here are the materials in Evans v. Shoshone-Bannock Land Use Policy Commission (D. Idaho):

Dkt 20-1 Memorandum in Support of Motion to Dismiss (00049369)[1].PDF[1][1]

Evans Opposition

Evans Motion for PI

Dkt 49 – Response to Plaintiffs’ Motion for Preliminary Injunction (00049977)[1][2][1]

Memorandum Decision & Order[2][2]

From Mark Echo-Hawk, atty for the Tribes:

The Shoshone-Bannock Tribes earned a winning decision in a hard-fought battle in the Idaho District Court today. The case was about exhaustion of tribal court remedies. The specific issue was whether the Tribes could enforce their land use laws against a non-Indian who built a single family residence on fee owned land on the Fort Hall Reservation. The Tribes attempted to enforce their building permit and business licensing laws against the builder and his contractors and when their efforts were ignored the Tribes filed suit in tribal court. The non-Indian landowner and contractors (backed by the surrounding county and non-Indian businesses) sued in federal court, seeking declaratory and injunctive relief. The Tribes filed a motion to dismiss, arguing that exhaustion of tribal court remedies was required. The non-Indian landowner and contractors argued the Reservation was ‘open’, or diminished, and that the tribes initiated the suit in bad faith. The case came down to whether it was plausible that tribal jurisdiction existed under Montana’s second exception. The federal district court found that the Reservation area in question was not open, that jurisdiction was plausible, and granted the tribes’ motion to dismiss, requiring exhaustion of tribal court remedies. Significantly, the Court confined the ‘catastrophic’ consequences language in Plains Commerce Bank relating to Montana’s second exception to land sale cases and distinguished the analysis required for land use cases. Here is the Court’s decision and the Tribes’ supporting briefing: (attached). The Tribes have been fighting with Power County for years about land use jurisdiction. There aren’t many favorable exhaustion cases that focus on Montana’s second exception, so this may be helpful to other Tribes.

Federal Indictment for Failure to Comply with Tribal Court Child Support Order Dismissed

Strange case, turning on a lack of personal jurisdiction in the Oglala Sioux Tribal Court.

Here are the materials in United States v. Lopez (D. S.D.):

DCT Order Dismissing Indictment

Lopez Motion to Dismiss

US Opposition Brief

Lopez Reply M

J R&R Recommending Denial of Motion to Dismiss

Lopez Objection to MJ R&R

Federal Court Stays ICRA Habeas re: ICW Matter Pending Exhaustion of Tribal Court Remedies

Here is the order in Jones v. Lummi (W.D. Wash.):

DCT Order on Tribal Court Exhaustion

An earlier order in this matter is here.

Lac Vieux Desert Band of Lake Superior Chippewa Indians Appellate Court Judge Posting

Here:

JD Appellate Judge

Federal Court Declines to Suppress Evidence Obtained in Search by Cheyenne River Sioux Tribal Police

Here are the materials in United States v. Farlee (D. S.D.):

DCT Denying Farlee Motion

Farlee MJ R&R

 

Navajo Nation Supreme Court Issues Opinions in Employment and Government Contracting Disputes

Here is the opinion in Meadows v. Navajo Nation Labor Commission.The court’s syllabus:

The Court grants a petition for writ of mandamus, finding that the Labor Commission lacked authority to order the recusal of the panel and all previous members. The Court remands the matter for the Commission to hear the merits of the case. (November 2, 2012).

Here is the opinion in Graven v. Morgan. An excerpt:

This case concerns an appeal of Window Rock District Court’s dismissal of a breach of contract lawsuit. Appellant Will Graven appeals the June 17, 2010 decision of the district court dismissing the suit against Appellees Speaker of the Navajo Nation Council and the Chief of  Staff of the legislative branch in their individual capacities on the basis of sovereign immunity.The Court affirms the dismissal but on other grounds.

Minnesota COA Affirms Enforcement of Tribal Court Judgment in White Earth Fraud Case

Here is the unpublished opinion in United States ex rel. Auginaush v. Medure:

US ex rel Auginaush v Medure

An excerpt:

The tribal court adopted the arbitration transcript as the official record of its proceeding. This transcript included testimony from Medure. In August 2009 the tribal court ruled that the 1992 contract was null and void. In November 2010 the tribal court issued an order and judgment in favor of the band awarding all amounts paid under the contract, amounting to more than $18.5 million with interest accruing at the daily rate of $1,669.12.

We posted about this case in 2009.

Southern Plains Court of Indian Offenses Asserts Jurisdiction over Gaming Contract Dispute

Here are the materials in Comanche Nation v. CDST Gaming-I Inc.:

CDST Tribal Court Brief

Comanche Tribal Court Brief

2012.11.28 Order re jurisdiction

144-main [Comanche federal court notice]

Seventh Circuit Briefs in Challenge to Martin Webb Payday Lending Company’s Forum Selection Clause

Here are the briefs in Jackson v. Payday Financial LLC:

Jackson Opening Brief

PayDay Financial Answer Brief

Jackson Reply Brief

Lower court materials here.