tribal courts – Page 48

Eid & Goldtooth on Navajo Juvenile Justice Law

January 14, 2018January 12, 2018Matthew L.M. Fletcher

Troy A. Eid and DeAnna Goldtooth have published “’Children Are Sacred’: Applying Navajo (Dine’) Fundamental Law to Strengthen Juvenile Justice” at 62 The University of South Dakota Law Review 728 (2017). The draft manuscript is here.

Federal Court Enjoins Cherokee Nation Tribal Court Suit against Opioid Companies

January 10, 2018Matthew L.M. Fletcher

Here is the order in McKesson Corp. v. Hembree (N.D. Okla.):

138 DCT Order

An excerpt:

Oklahoma is among the states with the highest number of opioid prescriptions per one hundred people and has a high overdose death rate. Tribal communities have been tragically affected, as have other communities in Oklahoma. Numerous cities, counties and states throughout the country, including the state of Oklahoma, have filed lawsuits against various opioid manufactures, pharmaceutical distributors, and other businesses allegedly responsible for the proliferation of opioid drugs. This proceeding concerns a lawsuit by the Cherokee Nation against a number of opioid distributors and pharmacies. However, the question before the Court is not the merits of the Cherokee Nation’s lawsuit but rather the boundaries of tribal court jurisdiction. The Attorney General of the Cherokee Nation has filed suit not in state court but in the tribal district court of the Cherokee Nation. Do the tribal courts of the Cherokee Nation have jurisdiction over this particular action? The Court finds they do not.

Briefs here.

Ninth Circuit Briefs in Coeur d’Alene Tribe v. Hawks

January 2, 2018January 2, 2018Matthew L.M. Fletcher

Here:

Opening brief

Appellee brief

Lower court materials here.

Federal Magistrate Enters Default against Yamassee Tribal Nation Supreme Court in Claim involving JPMorgan Chase

December 29, 2017December 29, 2017Matthew L.M. Fletcher

Here are the materials in JPMorgan Chase Bank N.A. v. Khamsanvong (E.D. Cal.):

1 Complaint

22 Magistrate Order

Window Rock School District v. Reeves Cert Stage Materials

December 27, 2017December 27, 2017Matthew L.M. Fletcher1 Comment

Here:

Cert Petition

Cert Opp Brief

Lower court materials here.

Norton v. Ute Indian Tribe Cert Petition

December 18, 2017January 31, 2018Matthew L.M. Fletcher1 Comment

Here:

Cert Petition

Question presented:

In light of the clear precedent of Nevada v. Hicks, 533 U.S. 353 (2001), which holds that state law enforcement officers are not subject to suit in a tribal court for claims arising out of the performance of their duties on tribal lands, did the Tenth Circuit Court of Appeals err in requiring Petitioners to exhaust their remedies in the Ute Tribal Court in order to determine whether that Court has jurisdiction to hear a trespass claim arising out of Petitioners’ performance of their official duties that the Ute Indian Tribe brought against them in the Ute Tribal Court?

Lower court materials here.

UPDATE:

Brief in Opposition