Tenth Circuit Rejects Ute Tribe’s Effort to Force Water Rights Case to be Adjudicated in Tribal Court

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

Briefs:

Lower court materials here.

North Dakota Federal Court Holds that Exposing Nonmember Conducting Business on Indian Land to a Suit Enforcing a Contract-Based Smoking Ban to which the Nonmember Agreed to Creates an Irreparable Harm

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.):

1 Complaint

16 Answer + Counterclaim

20 Motion to Dismiss

22 Motion to Dismiss Counterclaim

24-12 MHA Nation Trial Court Decision

25 Response to 20

27 Motion for Preliminary Injunction

38 Reply in Support of 20 + Response to 27

43 Response to 22

44 Reply in Support of 27

47 Reply in Support of 22

51 DCT Order on Motion to Dismiss

Federal Court Dismisses Effort to Relitigate Tribal Court Child Custody Order, Awards Attorney Fees to Tribal Defendants

Here are the materials in Van Nguyen v. Foley (D. Minn.):

4 Amended Complaint

17 GAL Motion to Dismiss

24 Tribe Motion to Dismiss

32 Response to 17

33 Response to 24

39 GAL Reply

40 Tribe Reply

42 DCT Order Dismissing Complaint

46 Tribe Motion for Attorney Fees

52 Response to 46

70 DCT Order on Attorney Fees

The universal symbol for attorney fees awards.

Becker v. Ute Indian Tribe Cert Petition

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.

Circuit split?

Lower court materials here.

Update:

California COA Reverses Yavapai-Apache Nation v. La Posta Band of Diegueño Mission Indians

Here are the materials:

Wisconsin Federal Court Dismisses Dispute between Neighbors at Stockbridge-Munsee

Here are the materials in Hawk v. Burr (E.D. Wis.):

Washington Federal Court Orders Insurance Company to Exhaust Tribal Court Remedies

Here are the materials in Allstate Insurance Co. v. Cornelson (W.D. Wash.):

Great Hall of the Lower Elwha Klallam Tribe

Tenth Circuit Briefs in Monster Tech. Group v. Eller [Iowa Tribe]

Here:

Opening Brief

Tribe Answer Brief

Lower court materials here.

Smoking monster engine destroying town

D.C. Federal Court Awards $15M+ to Navajo Nation for Judicial Costs under PL638

Here are the materials in Navajo Nation v. United States (D.D.C.):

17 Navajo MSJ

19-1 US Cross Motion

21 Navajo Reply

23 US Reply