Article on Tulalip Elder Court

From the Everett Herald:

TULALIP — The young man wore loose jeans slung low on his hips. The hems were worn and frayed, and wet from being trampled on rain-soaked sidewalks. A large black sweatshirt flopped over his shoulders and arms.

It was 7:30 a.m., and he needed help.

Don “Spat-ub-kud” Hatch welcomed the teenager into a courtroom in the Tulalip Tribes’ courthouse, and told him to sit down. Before long, the young man faced Hatch and two other Tulalip elders. The teen seemed hopeful that the elders would do all the talking, but the elders refused to let him slide.

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Eighth Circuit Upholds Major Crimes Act Conviction

In United States v. Antelope, the Eighth Circuit dismissed the appeal of a member of the Cheyenne River Sioux Tribe, who had pled guilty below. He argued on appeal that since he had also been prosecuted in tribal court, the government had violated the double jeopardy clause.

Here is the opinion.

GTB Elections Issues Concluded

From the Record-Eagle:

PESHAWBESTOWN — The Grand Traverse Band of Ottawa and Chippewa Indians settled the last in a long string of election disputes, clearing the way for Derek Bailey to assume the post of tribal chairman.

Bailey is slated to take over a four-year position held by two-term Chairman Robert Kewaygoshkum, pending certification of the September election.

“I am very happy that this process is over, and I definitely look forward to being sworn in as the next tribal chairman,” Bailey said.

Kewaygoshkum, 57, defeated Bailey, 36, in the original May election, but that was overturned and Bailey won a special September election.

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PacificCorp v. Real Bird — No Tribal Court Jurisdiction

This case, out of the District of Montana, involves a trespass claim in Crow Tribal Court by Crow allottees regarding a transmission wire owned by PacificCorp.

pacificorp-motion-for-summary-judgment

real-bird-motion-to-dismiss

magistrate-findings-and-recommentations

order-adopting-findings-and-recommendations

Boomer v. Tulalip Tribes — Tribal Sovereign Immunity

In Boomer v. Tulalip Tribes, the Washington Court of Appeals affirmed the dismissal of a slip-and-fall tort action against a tribe on the grounds of sovereign immunity. The court rejected the so-called Dry Creek Lodge exception, as well. The Tulalip Tort Claims Act waives tribal immunity for such claims in tribal court.

Business Law Today Feature on Indian Businesses and Tribal Courts

The ABA’s Business Law Today features several short articles on federal Indian law and business here. Links to the articles are below the fold.

Our mini-theme: Native America

Culture, Business and the Law

The law is a system that provides social cohesion while at the same time revealing much about our culture in a nation of many people and customs. In this issue, we celebrate the Native peoples of our nation, which include Native Americans, Alaska Natives, and Native Hawaiians.

Few of us have had the opportunity to develop a deep understanding of the people who have lived for centuries in the places we now call home. The articles in this issue are written by lawyers who are part of Native communities and provide unique insight into the interplay between America’s federal, state, and tribal laws.

One author grew up on a reservation, not having seen the ocean on the East or West Coast prior to earning admittance to one of the best, and most elite, undergraduate universities in the country. This author currently spends half the year near the Pacific Ocean and half the year on the reservation. Another author grew to adulthood before learning of the family’s Native culture and beginning a life-altering journey of discovery, which included going through traditional rituals to be formally admitted to the tribe.

While the articles focus on legal, procedural, and business issues implicated when dealing with Native peoples or their lands, they also provide some perspective on the incredible wealth of cultures in this country that is reflected in our legal system.

–Nicole Harris

San Francisco

Deal or no deal?
Understanding Indian Country transactions
By Gabriel S. Galanda and Anthony S. Broadman
Encouraging business with Indian tribes
A brief discussion of the tribal exhaustion doctrine
By Thomas Weathers
Tribal courts and alternative dispute resolution
Mediated settlements and arbitration awards in tribal court
By Pat Sekaquaptewa
Avoiding trouble in paradise
Understanding Hawai`i’s law and indigenous culture
D. Kapua`ala Sproat

Tribal Court Jurisdiction over Tribal Insurers under the Montana Exceptions

The District of North Dakota, in Amerind Risk Management v. Malaterre, refused to the grant the insurance company’s motion for summary judgment on the grounds that the Turtle Mountain Tribal Court did not have jurisdiction over it under Montana v. United States. The Turtle Mountain tribal council had waived the Turtle Mountain Housing Authority’s sovereign immunity to the extent of insurance coverage, in accordance with tribal court precedent. Plaintiffs who were injured and killed in a house fire sued the insurance company in tribal court, which then asserted the Montana defense.

Here are the materials:

amerind-risk-mgmt-v-malaterre-tmac-opinion

amerind-motion-for-summary-judgment

defendants-response-to-amerind-motion-for-summary-judgment

amerind-reply-brief

amerind-v-malaterre-dct-order

Eaton v. Mail – Exhaustion of Tribal Court Remedies

In this family action, the Western District of Washington held that the claim must be remanded to Quinault Tribal Court.

eaton-v-mail-dct-order

quinault-motion-to-intervene

quinault-motion-for-a-protective-order

Ninth Circuit Rejects (again) Tribal Court Jurisdiction over BNSF

In BNSF v. Ray, the Ninth Circuit again rejected tribal court jurisdiction over a tort claim against Burlington Northern Santa Fe Railroad.

bnsf-v-ray-ca9-opinion

bnsf-brief

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[The tribal briefs aren’t available.]

Copyright Infringement and RICO Case against Cheyenne-Arapaho Tribes

The Western District of Oklahoma refused to dismiss a claim against the Cheyenne-Arapaho Tribes. The plaintiff, Southwest Hotel and Casino Corp., sought to voluntarily dismiss the claim without prejudice after C&A received a positive tribal court judgment and moved for summary judgment in the federal court action. Instead, the court will decide the C&A summary judgment motion.

flyingman-v-sw-hotel-and-casino-tribal-court-judgment

flyingman-motion-for-summary-judgment

sw-hotel-and-casino-v-flyingman-dct-order