tribal courts

Nebraska v. Parker Background Materials

Matthew L.M. Fletcher3 Comments

Here are the materials we’ve collected on Nebraska v. Parker.

Supreme Court Merits Briefs

Nebraska Opening Brief

Omaha Tribal Council Brief

US Brief

Merits Stage Amicus Briefs

Village of Hobart Amicus Brief

NCAI Amicus Brief

Scholars Brief

Cert Stage Briefs

State of Nebraska v Parker cert petition

United States Cert Opp Brief

Eighth Circuit Materials

CA8 Opinion

Nebraska Opening Brief

Tribe Brief

US Brief

Nebraska Reply Brief

District Court Materials

The 2nd amended complaint is here: Complaint

The tribal motion to dismiss is here: Motion to Dismiss

The opposition is here: Opposition to Motion to Dismiss

The reply is here: Reply Brief

The court’s stay order and opinion is here: DCT Order Denying Motion to Dismiss

DCT Order Granting Nebraska Motion to Intervene

Nebraska Motion to Intervene

Opposition to Motion to Intervene

Nebraska Reply in Support of Motion to Intervene

118 Village of Pender Brief

114 Omaha Tribe Brief

127 Federal Brief

126 Nebraska Brief

134 Nebraska Response

135 US Response

136 Village of Pender Response

138 Omaha Tribe Response

140 Opinion

Tribal Court

Village of Pender v Morris — Omaha Tribal Court

Senate Indian Affairs Committee to Review TLOA

Sarah M Donnelly

Hearing set for Wednesday, December 2, 2015 at 2:15PM EST.

Link to announcement here.

Profile of Association of Village Council Presidents

Matthew L.M. Fletcher

Here is “AVCP aims to establish tribal court in every YK village” from Alaska Public Media.

The article features the great Monique Vondall-Rieke!

Dollar General Reply Brief

Teresa Walrod

“Petitioners are the non-Indian operators of a
business on a tribal reservation. Respondent Doe is a
member of the tribe. Doe seeks to hale petitioners
into his tribal court, asking the tribe to award him
millions of dollars in damages (including punitive
damages) for an alleged violation of unwritten tribal
tort law by one of petitioners’ employees.”

Dollar General Reply Brief

Additional Briefs HERE

 

Michigan Tribal State Federal Judicial Forum

Matthew L.M. Fletcher1 Comment

Spartans

  
Wolverines

  

  

Michigan Tribal State Federal Judicial Forum Meeting

Matthew L.M. Fletcher

At Bahweting   
    
 

Federal Court Denies Discovery into Tribal Judicial Bias Claims

Matthew L.M. Fletcher

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

43 DCT Order Denying Discovery

An excerpt:

To allow a litigant to conduct full-blown discovery here, after he failed to conduct discovery in the tribal court litigation, would ignore National Farmers and Iowa Mutual. Those cases directed that all issues be fully presented to the tribal court so that it might cure any problems and give the federal court the benefit of its expertise. If a due process issue like judicial bias is not fully developed through discovery before being presented to the tribal court – and the litigant simply sits on his discovery rights until he gets into federal court – the tribal court never gets a chance to review the discovery, apply its expertise, and cure any unfair judicial bias revealed by the discovery. That is antithetical to the analysis of National Farmers and Iowa Mutual.

Briefs here. The tribal court decision below is here.

Grand Ronde Disenrollees’ Appeal Denied by Tribal Court

Matthew L.M. Fletcher

Here is the order in Alexander v. Confederated Tribes of Grand Ronde:

ORDER 10-27-15-2-2

Federal Court Dismisses Contract Action against New Mexico Pueblo Consortium

Matthew L.M. Fletcher

Back in April 2015….

Here are the materials in Corabi v. ENPIC Inc. (D. N.M.):

6 Motion to Dismiss

8 Opposition

10 Reply

13 DCT Order

Cert Stage Briefing Complete in Jensen v. EXC Inc.

Matthew L.M. Fletcher

Here:

Jensen Cert Petition

EXC Cert Opp

Jensen Reply

Lower court materials here.