Alltel Communications v. Oglala Sioux Tribe

News Coverage of Settlement of Alltel v. Oglala Sioux Tribe

Matthew L.M. Fletcher

Here, via Pechanga. The Eighth Circuit briefs are here.

An excerpt:

SIOUX FALLS — A federal lawsuit has been dismissed this week after Alltel and the Oglala Sioux Tribe ironed out a dispute over the communications company’s divested assets on the reservation.

The tribe sued Alltel in tribal court in 2009, using a sovereignty argument in an attempt to take the company’s divested assets within its reservation borders. That prompted Alltel to sue the tribe in U.S. District Court in South Dakota in 2010 to prohibit the tribal suit.

Under the June settlement that agreed to dismiss both lawsuits, the company will pay the tribe $1 million and forgive and waive past-due balances owed by tribal customers.

AT&T bought Alltel’s customer base when it acquired former Alltel assets from Verizon last June. Verizon bought Alltel in 2008.

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Eighth Circuit Briefing in Alltel v. Oglala Sioux Tribe

Matthew L.M. Fletcher1 Comment

Here:

OST Opening Brief

Alltel Brief

OST Reply

Lower court materials are here.

Federal Court Defers to Tribal Court Proceedings in Alltel v. Oglala Sioux Tribe

Matthew L.M. Fletcher1 Comment

Here is the order denying Alltel’s motion for a TRO to shut down a tribal court proceeding brought by the Oglala Sioux Tribe: Alltel Communications v Oglala Sioux Tribe.

The court wrote:

That under the guidance of Lien and Gaming World, the court recognizes comity and honors the right of the Oglala Sioux Tribal Court, in the first instance, to determine whether it has jurisdiction to consider the defendant tribe’s petition for preliminary injunction in tribal court action Civ. # 09-0673.