Here are the materials so far in Halcón Operating Co. Inc. V. Rez Rock N Water LLC (D.N.D.):
tribal courts
Federal Court Finds Tribal Court Exhaustion Futile, Grants ICRA Habeas Petition
Here are the materials in Toya v. Toledo (D.N.M.):
19 DCT Order Adopting Magistrate Report
Prior post here.
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
72 FMC Opposition re Montana 1
73 FMC Opposition re Montana 2
74 FMC Opposition re Tribal Process
76 Tribe Response re Montana 1
77 Tribe Response re Montana 2
News coverage here.
Window Rock Unified School District v. Reeves (Nez) Cert Petition
Here:
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:
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
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):
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:
Here are the materials in Becker v. Ute Indian Tribe:
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)
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