Here:
Questions presented:
1. Whether federal plaintiffs seeking to challenge their non-federal prosecution on the basis of bad faith face a heightened pleading standard.
2. Whether actions taken by the clerk of a non-federal court to impede review of a habeas petition obviate the petitioner’s need to further exhaust remedies in that court.
Lower court materials here.
Here are the materials in Nygaard v. Taylor (D.S.D.):
Here are the updated materials in Becker v. Ute Indian Tribe (D. Utah):
297 DCT Order Denying Motion for Reconsideration of Sanctions Order
302 Ute Motion to Recover Costs
303 Ute Motion for Relief from Judgment
314 Ute Reply in Support of 304
315 DCT Order Granting Ute Motion to Recover Costs
Prior post on the attorney fee sanction against Ute here.
Prior post on the Tenth Circuit decision in this case favoring Ute here.
Color me skeptical about the state of the Eighth Circuit’s tribal inherent powers jurisprudence if a tribal citizen who leases their land to nonmembers, who then violate the terms of that lease, cannot bring suit in tribal court to enforce the lease. Seems to me this holding is in direct conflict with the Supreme Court’s decisions ordering tribal exhaustion.
Here are the materials in WPX Energy Williston LLC v. Fettig (D.N.D.):
22 Motion to Dismiss Counterclaim
24-12 MHA Nation Trial Court Decision
27 Motion for Preliminary Injunction
Here are the materials in Van Nguyen v. Foley (D. Minn.):
42 DCT Order Dismissing Complaint
46 Tribe Motion for Attorney Fees
Here:
Questions presented:
Whether a federal court may force a non-consenting, non-Indian plaintiff to exhaust his claims in tribal court when the defendant tribe has expressly consented by contract to federal or state court jurisdiction and waived both sov- ereign immunity and tribal exhaustion.
Whether a state court may adjudicate a contractual dispute between a tribe and a non-Indian where the tribe has provided specific contrac- tual consent to state court jurisdiction; or in- stead, whether the Constitution or laws of the United States prohibit such exercises of state court jurisdiction unless the State has assumed general civil jurisdiction over tribal territory under Sections 1322 and 1326 of Title 25.
Lower court materials here.
Update:
Turtle Talk 
You must be logged in to post a comment.