tribal courts

Update in Rabang v. Kelly

Matthew L.M. Fletcher

Here are new docs:

4-11-18 Order Denying Defendants’ Rule 62.1 Motion For Indicative Ruling Regarding Dismissal

4-11-18 Rabang v. Kelly (9th Cir.) Kelly Appellants’ Motion For Voluntary Dismissal Of Appeal

4-11-18 Rabang v. Kelly (9th Cir.) Notice of District Court Decision Denying Appellants’ Motion For Indicative Ruling

4-11-18 Rabang v. Kelly (W.D. Wash.) Order Denying Defendants’ Rule 62.1 Motion For Indicative Ruling Regarding Dismissal

Kalyn Free Sues Muscogee AG and Tribal Court over Jurisdiction

Matthew L.M. Fletcher

Here is the complaint in Free v. Dellinger (N.D. Okla.):

2 Complaint

UPDATE (5/14/2018):

3 Motion for Preliminary Injunction

9 Tribe Motion to Dismiss

14 Tribal Court Motion to Dismiss

15 Tribal Court Opposition

20 Free Response to 14

Eleventh Circuit Dismisses Challenge to Seminole Tribal Court Jurisdiction

Matthew L.M. Fletcher

Here is the unpublished opinion in Asker v. Seminole Tribe of Florida Inc.:

Unpublished Opinion

Briefs here.

FBA Indian Law Conference ICRA Panel

Matthew L.M. Fletcher

Karla General, Angela Riley, Terri Smith, Se-ah-dom Edmo, and Josh Clause

380DE011-16CF-4D47-A531-A912F85F7332

NAICJA Save the Date (Oct. 16-19) and Call for Papers (Due April 20)

Kate Fort

One of my favorite conferences of the year–and I always offer to do an ICWA/transfer to tribal court case law update!

RFP for Presentations- 2018 NAICJA Conference – DUE APRIL 20th!

Federal Court Excuses Additional Tribal Court Exhaustion in Oil/Gas Flaring Dispute at Fort Berthold

Matthew L.M. Fletcher

Here are the materials in Kodiak Oil & Gas (USA) Inc. v. Burr (D.N.D.):

29-2 mha trial court opinion

29-9 mha nation supreme court opinion

30 kodiak motion for pi

45 tribal judge motion to dismiss

46 burr response to motion for pi

48 tribal judge response to motion for pi

54 kodiak reply in support of motion for pi

59 hrc motion for pi

62 tribal judge reply in support of mtd

64 hrc response to mtd

66 tribal judge response to hrc motion

68 dct order

Federal Court Rejects Effort to Appeal Shakopee Tribal Court Marriage Dissolution/Child Custody Order

Matthew L.M. Fletcher

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

6 Motion for PI

25 Response

28 Reply

29 DCT Order

The plaintiff in this case is also the plaintiff in Americans for Tribal Court Equality v. Piper.

Michigan Circuit Court Enforces LTBB Tribal Court Civil Contempt Sanction against Attorney under Michigan Court Rule 2.615

Matthew L.M. Fletcher

Here is the opinion in Little Traverse Bay Bands of Odawa Indians Tribal Court v. Beck:

2018 03 14 Opinion

NCAI: “VAWA 2013’s Special Domestic Violence Criminal Jurisdiction (SDVCJ) Five-Year Report”

Matthew L.M. Fletcher

Here.

Harvey v. Ute Indian Tribe Cert Petition

Matthew L.M. Fletcher

Here:

Harvey v. Ute et al. Petition

Questions presented:

1.Whether the tribal remedies exhaustion doctrine, which requires federal courts to stay cases challenging tribal jurisdiction until the parties have exhausted parallel tribal court proceedings, applies to state courts as well.

2.Whether the tribal remedies exhaustion doctrine requires that nontribal courts yield to tribal courts when the parties have not invoked the tribal court‘s jurisdiction.

Lower court materials here.

UPDATES:

cert opp brief

Reply

SG Brief [Ute]

Petitioners Supplemental Brief