Here are the new materials in Sprint Communications Company L.P. v. Crow Creek Sioux Tribal Court (D. S.D.):
178 Sprint Motion for Partial Summary J
243 DCT Order Denying Motion for Summary J
Prior post in this case here.
tribal courts
Federal Court Orders Exhaustion of Tribal Remedies in Suit Brought against Utility in Blackfeet Tribal Court
Here are the materials in Glacier Electric Cooperative, Inc. v. Gervais (D. Mont.):
An excerpt:
The Court at this juncture simply must determine whether jurisdiction is “plainly” lacking. The standard set forth in Grand Canyon Skywalk applies to this case irrespective ofthe ambiguous nature of the land ownership. Glacier Electric’s actions, at the minimum, amount to an intrusion on the Blackfeet Tribe’s right to exclude. Glacier Electric’s actions could be subject to the Blackfeet Tribe’s right to regulate and adjudicate non-members based on interference with its right to exclude.
Federal Court Orders Exhaustion of Tribal Remedies in Suit Brought against Pharmaceutical Company in Blackfeet Tribal Court
Here are the materials in Takeda Pharmaceuticals America v. Connelly (D. Mont.):
An excerpt:
The Court at this juncture simply must determine whether Blackfeet Tribal Court “plainly” lacks jurisdiction. The IHS facility sits on leased Indian land. This fact, by itself, amounts to a colorable claim of jurisdiction. The Blackfeet Tribal Court maintains a colorable claim of jurisdiction based on the alleged conduct on tribal trust land. This determination precludes analysis at this point as to whether either Montana exception provides a colorable basis for Blackfeet Tribal Court jurisdiction. Admiral Ins. Co. v. Blue Lake Rancheria Tribal Ct., 2012 WL 1144331 (N.D. Cal. 2012).
SCOTUS Denies Cert in Western Sky v. Jackson
“The Complete Timeline of the Navajo Presidential Dispute”
Paul Spruhan has posted “The Complete Timeline of the Navajo Presidential Dispute.”
Federal Court Dismisses Wrongful Death Action against Mississippi Choctaw
Here is the order in Payne v. Mississippi Band of Choctaw Indians (S.D. Miss.):
16 DCT Order Granting Motion to Dismiss
Pleadings here.
Materials (so far) in FMC v. Shoshone-Bannock Tribes (Tribal Court Jurisdiction and Enforcement of Tribal Judgment)
Native American Telecom (Crow Creek Sioux) Contract Breach Claims against Sprint Allowed to Proceed
Here are the materials in Sprint Communications Company L.P. v. Crow Creek Sioux Tribal Court (D. S.D.):
190 Native American Telecom Opposition
We have posted on this case before:
- on tribal court jurisdiction in 2010
- on the denial of an injunction against Sprint in 2011
- A related case against the tribal court again
SCOTUS Denies Cert in CashCall v. Inetianbor
Leah Jurss on Creative Remedies for Tribes Extending Civil Infraction Systems over Non-Indians
Our own Leah Jurss (MSU Law ’15, MSU Law Review EIC, White Earth Ojibwe) has published “Halting the Slide Down the Sovereignty Slope: Creative Remedies for Tribes Extending Civil Infraction Systems over Non-Indians” in the Rutgers Race and The Law Review.
An excerpt:
The best option for tribes is to work towards building open communications with non-Indians residing on reservations, non-Indians visiting reservations, and state and local governments surrounding reservations. These communications can help to build trust between all parties and a base of empirical evidence showing the effectiveness of tribal civil infraction systems. It is imperative that tribal jurisdiction over non-Indians not be reduced any more than it currently is to ensure the continuing success and viability of tribal nations themselves. A tribal nation that does not have the ability to protect itself from harmful outside influences via its tribal courts has little ability to ensure the safety and security of its citizens, a priority of all sovereign nations.
Turtle Talk 
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