Federal Court Holds Shoshone-Bannock Tribes Have Authority to Impose $1.5M Annual Permit Fee on FMC Corp.

Here is the order in FMC Corp. v. Shoshone-Bannock Tribes (D. Idaho):

64-1 Tribe Motion on Montana 1

65-1 Tribe Motion on Montana 2

66-1 Tribe Motion on Tribal Process

67-2 FMC Motion on Tribal Process

67-3 FMC Motion on Montana 1

67-4 FMC Motion on Montana 2

72 FMC Opposition re Montana 1

73 FMC Opposition re Montana 2

74 FMC Opposition re Tribal Process

75 Tribe Response re Process

76 Tribe Response re Montana 1

77 Tribe Response re Montana 2

80 Tribe Reply re Process

81 Tribe Reply re Montana 1

82 Tribe Reply re Montana 2

83 FMC Reply re Process

84 FMC Reply re Montana 2

85 FMC Reply re Montana 1

95 DCT Order

News coverage here.

Window Rock Unified School District v. Reeves (Nez) Cert Petition

Here:

Cert Petition 

Question presented:

Whether a tribal court has jurisdiction to adjudicate employment claims by Arizona school district employees against their Arizona school district employer that operates on the Navajo reservation pursuant to a state constitutional mandate to provide a general and uniform public education to all Arizona children.

Lower court materials here.

Update: Arizona Amicus Brief [notably, no other state signed on with Arizona]

Tavares v. Whitehouse Cert Petition (United Auburn Indian Community Banishment)

Here:

Cert Petition

Question presented:

This case presents a question that divides the circuits: Should the “detention” requirement for habeas review under the ICRA be construed “more narrowly than” the “custody” showing required under other federal habeas statutes?

Lower court materials here.

UPDATE (10/27/17): Amicus Brief

Brief in Opposition

Reply

Webinar: Opioid Addiction & Treatment in Tribal Communities

Link: Announcement(PDF), Registration

NCJFCJ & NAICJA will host the webinar Thursday, October 5 2017, at 3PM ET.

National Court Clerk Certification and Court Personnel Conference with NAICJA’s 2017 Annual Judges Conference

Inviting Tribal Court Clerks and Court Personnel to join us for the National American Indian Court Judges Association’s (NAICJA) Tribal Court Clerks Certification & Court Personnel Training during NAICJAs’ Annual Conference! This is a great training to get certification, learn court clerk best practices, managing and reducing your backlog, and more! We have wonderful trainers as well as tribal judicial faculty. The networking is invaluable. We would love to see you there!

Tuesday, October 10, 2017 6:00 PM – Friday, October 13, 2017 12:00 PM (MST)

Isleta Casino & Resort
(505) 724-3800
11000 Broadway Boulevard Southeast
Albuquerque, New Mexico 87105

Registration fee covers all scheduled events and includes food and beverage for:

  • Reception for the first evening
  • Breakfast and breaks for two and a half days
  • Lunch for one day
  • Dinner for one day

Questions:

Contact Bridget McCleskey, NAICJA Conference Coordinator at:
Phone: (907) 854-9470
Email:  confcoor@gmail.com

https://www.regonline.com/builder/site/Default.aspx?EventID=1984503

Idaho Federal Court Holds Tribe’s Effort to Enforce Tribal Judgment Must Be Dismissed Unless Tribe is Seeking an Order on Tribal Court Jurisdiction

Here are the materials in Coeur d’Alene Tribe v. Hawks (D. Idaho):

1 Complaint + Exhibits

6-1 Motion to Dismiss

10 Response

12 Reply

16 DCT Order

An excerpt:

But here, the Hawks have not challenged the Tribal Court‘s jurisdiction to make the award, and the Tribe has not sought a declaratory judgment that its courts had jurisdiction over the Hawks. Instead, the Tribe is simply asking a federal court to domesticate and enforce a Tribal Court Judgment. While such a claim has a basis in Idaho law and can be enforced in Idaho courts pursuant to Idaho Code § 10-1401 et. seq., the Tribe cites no federal statute or law that is in dispute and that could be used to create a federal question.

Tenth Circuit Hands Ute Tribe a Pair of Jurisdictional Victories in Dispute with Former Contractor

Here are the materials in Ute Indian Tribe v. Lawrence:

Opinion

Opening Brief

Lawrence Answer Brief

Becker Answer Brief

Reply

Here are the materials in Becker v. Ute Indian Tribe:

Opinion

Opening Brief

Lawrence Answer Brief

Becker Answer Brief

Reply

Prior posts here.

 

Cherokee Nation Says Recent 10th Cir. Decision Supports Tribal Court Jurisdiction Over Drugmakers

Download(PDF) brief in the matter of McKesson Corp. et al. v. Hembree et al., 17-cv-00323 (D. Okla.):

Links: Previous posts, Murphy v. Royal (10th Cir. Aug. 8, 2017)

NCJFCJ & NAICJA Webinar on Planning a Healing to Wellness Court

Link: Announcement and registration

Planning a Healing to Wellness Court: Inspiration and Vision to Get Started
Tuesday, August 22, 2017 at
12 pm PT/1 pm MT/2 pm CT/3 pm ET (90 minutes)

Federal Court Orders Indian Prisoner to Add Charging Tribe to Suit in ICRA Habeas Action

Here is the order in Talk v. Southern Ute Detention Center (D.N.M.):

8 DCT Order