Sprint Communications v. Native American Telecom & Crow Creek Sioux Tribal Court

Here is that opinion:

Sprint v Native American Telecom — Denial of PI.

An excerpt:

Defendant, Native American Telecom (NAT), moves for a preliminary injunction to enjoin plaintiff, Sprint Communications Company, from withholding interstate switched access charges that NAT has already billed or will bill to Sprint in the future. Sprint resists the motion. The motion is denied.

Bradley v. Tulalip Tribes: Dismissal of Tort Claim under Tribal Tort Claims Ordinance

Here are the materials from the Tulalip Tribal Court (miigwetch to M.T.):

Order of Dismissal

Summons and Complaint

Motion to Dismiss

Pltf’s Opp to Motion to Dismiss

 

Reply re Motion to Dismiss

Mot to Amend Complaint

Motion to Unseal File

Wisconsin COA Decides First Case under State Tribal Court Transfer Rule

Here is the opinion in Kroner v. Oneida Seven Generations Corp. (and here are the briefs we have):

kroner-7_gens

John Kroner appeals an order transferring his civil suit to the Oneida Tribal Judicial System pursuant to WIS. STAT. § 801.54, titled, discretionary transfer of civil actions to tribal court. Kroner argues the circuit court erred because the record did not support its determination that the tribal court had concurrent jurisdiction. Kroner further contends the court failed to properly consider the statutory discretion factors. We conclude the record supports the circuit court’s exercise of discretion, and affirm.

Tenth Circuit Affirms Injunction against Tribal Court in Crowe & Dunlevy PC v. Stidham

Here is the opinion. And the briefs.

An excerpt:

Judge Gregory R. Stidham of the Muscogee (Creek) Nation District Court appeals the district court’s order granting preliminary injunctive relief to Crowe & Dunlevy (“Crowe”) and denying Judge Stidham’s motion to dismiss. Crowe & Dunlevy, P.C. v. Stidham, 609 F. Supp. 2d 1211, 1227 (N.D. Okla. 2009). Because the district court correctly denied Judge Stidham’s motion to dismiss and did not abuse its discretion in granting the preliminary injunction, we affirm.

Federal Court Dismisses Action to Enjoin Tribal Court Action for Failure to Exhaust Tribal Remedies

Here are the materials in City of Wolf Point v. Mail (D. Mont.):

City Motion for Default Judgment

DCT Order Dismissing City Complaint

From the opinion:

This action, alleging jurisdiction under 28 U.S.C. § 1331, was brought by the City of Wolf Point, Mayor DeWayne Jager, Wolf Point Police Commissioners, Wolf Point City Council, Police Chief Jeff Harada, and Troy Melum (collectively “City”) against Julianne Mail (“Mail”) and Alyssa Eagle Boy (“Eagle Boy”). It was filed on the heels of commencement of suit by Mail and Eagle Boy in Fort Peck Tribal Court against the Plaintiffs here, seeking compensatory damages, punitive damages, legal fees, and costs for claims under tribal law arising from an alleged altercation between Mail, Eagle Boy, and Troy Melum, who is characterized as a City of Wolf Point Animal Control Officer. Plaintiffs seek a judgment of dismissal of the pending tribal court case on subject matter jurisdiction grounds.

Tama County, Iowa Magistrate Vander Mey “Back in the Saddle”

Reinstated to full duties, that is. The judge reversed an earlier order relating to a drunk driving arrest by Meskawki tribal police, but apparently not the order relating a tribal immunity defense in small claims court (see our post here).

Here is the news article.

An excerpt:

In one of the court actions, Vander Mey has now reversed the dismissal of a drunken driving charge he made on May 5.

He has directed Starla Fawn Durnin, rural Tama, to appear before Magistrate Ann Kuhter today (Tuesday, May 24) for an initial appearance on the charge.

Durnin continued to be held in the Tama County Jail in Toledo last Friday on an unrelated probation violation charge and a public intoxication charge filed after Vander Mey threw out the drunken driving charge.

He dismissed the drunken driving charge after Durnin was not brought to court for an initial appearance within 24 hours of her arrest by Meskwaki Nation Tribal Police.

Kelley v. Kelley Soon to Be Argued in North Dakota Supreme Court; Tribal Court Jurisdiction Case

Issues: Appellant’s Statement of the Issues:
I. Whether the district court erred when it found it had subject matter jurisdiction over the custody and parenting responsibilities of the parties’ minor child.
II. Whether the district court erred when it imposed a 5-year restraint on Karol Kelly’s ability to work in the insurance industry when the court lacked jurisdiction and such restraints are void under North Dakota law.
III. Whether the district court erred when it ordered Karol Kelly to pay $40,000 as a sanction for attorney fees for actions before the tribal court when it had no evidence on Richard Kelly’s fees relating to the tribal court action, and ordered that the entire amount be paid in 90 days.

Appellee’s Statement of the Issues:
I.Whether the district court erred when it found it had subject matter jurisdiction over the custody and parenting responsibilities of the parties’ minor child.
II.Whether the district court erred when it ordered Karol not to have any contact with Kelly Insurance clients and insurance carriers doing business with Kelly Insurance for a 5-year restraining period.
III.Whether the district court erred when it ordered Karol Kelly to pay $40,000 as a sanction for attorney fees for failure to cooperate in preceding actions before the tribal court and ordered that the fee was to be paid in 90 days.


Briefs:

United States urges denial of the cert petition in Miccosukee Tribe v. Kraus-Anderson Construction

The brief is here: U.S. Brief in Miccosukee Tribe v. Kraus-Anderson Construction

DOJ Issues Proposed Rule on Tribal Law and Order Act Assumption of Criminal Jurisdiction by Tribes in PL280 States

Here is the proposed rule.

Montana Supreme Court Decides In re Estate of Big Spring — Exclusive Tribal Court Jurisdiction over On-Rez Probate

Here is the opinion: Big Spring Opinion.

An excerpt:

Julie Big Spring (Julie) and William F. Big Spring III (William) appeal the order of the Ninth Judicial District Court, Glacier County, denying their motion to dismiss for lack of subject matter jurisdiction. They challenge the District Court’s assumption of jurisdiction over the probate of the estate of their father, William F. Big Spring, Jr. (Big Spring), an enrolled member o f the Blackfeet Tribe whose estate property was located within the exterior boundaries of the Blackfeet Indian Reservation at the time o f his death. We reverse the District Court’s order and hold that the Blackfeet Tribal Court has exclusive jurisdiction over the probate of Big Spring’s estate (the Estate).

Here are the briefs.