Here is the opinion in Ute Indian Tribe v. McKee.
Briefs:

Lower court materials 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:
Here are the materials in Hawk v. Burr (E.D. Wis.):
Here are the materials in Allstate Insurance Co. v. Cornelson (W.D. Wash.):

You must be logged in to post a comment.