SCOTUS Denies Cert in Tribal Court Jurisdiction Cases

Here is today’s order list.

The denied petitions are Lexington Ins. Co. v. Suquamish Tribe and Lexington Ins. Co. v. Mueller.

Washington COA Affirms Dismissal of Tulalip Suit against Insurance Cos. Over COVID Business Losses

Here are the available materials in Tulalip Tribes v. Lexington Insurance Co.:

Connecticut COA Rejects Mashantucket Pequot Effort to Recover COVID Losses from Insurance Company

Here are the materials in Mashantucket Pequot Tribal Nation v. Factory Mutual Insurance Co.:

Mitchell Forbes on Powers of Alaska Tribes without Reservations

Mitchell Forbes has published “Beyond Indian Country: The Sovereign Powers of Alaska Tribes Without Reservations” in the Alaska Law Review. PDF

Here is the abstract:

The Alaska Native Claims Settlement Act of 1971 (ANCSA) devised a land entitlement system markedly different from the Indian reservation system that prevailed in the Lower 48 states. It directed the creation of twelve, for-profit Alaska Native regional corporations and over 200 private, for-profit Alaska Native village corporations, which would receive the bulk of Native land in the state. This corporate model left nearly all tribes in Alaska without a land base. As such, there is very little Indian Country land in the state over which tribes can exercise territorial-based sovereignty. Yet, the Supreme Court has long recognized the power of tribes to exercise membership-based jurisdiction. This Comment analyzes a range of state and federal court decisions addressing the authority of tribes and argues that Alaska tribes, through membership-based jurisdiction, can exercise various sovereign powers, like the exclusion of nonmembers. Importantly, this membership-based jurisdiction does not depend on lands over which tribes can exercise jurisdiction. Therefore, the exclusionary orders imposed by several Alaska Native tribes during the Covid-19 pandemic in 2020 were valid exercises of the tribes’ sovereign powers.

Highly recommended.

Split Oklahoma SCT Rules against Cherokee Nation’s Claims for COVID Business Losses Coverage

Here are (many of) the materials in Cherokee Nation v. Lexington Insurance Co.:

Fletcher on Witt on Pandemics and the State

Fletcher published a paper as part of a symposium on John Fabian Witt’s book American Contagions: “Pandemics in Indian Country: The Making of the Tribal State.”

Native Families and COVID-19

Here.

Native youth have suffered the highest rate of caregiver loss from the pandemic—4.5 times higher than that of White children. This means that 1 of every 168 Native children have lost their primary caregivers to COVID, as compared with 1 of every 310 Black children, 1 of every 412 Hispanic children, and 1 in every 753 White children.

Thanks to Fred Fisher to sending this on to us.

Ninth Circuit Briefs in Menominee Indian Tribe v. Lexington Insurance Company

Here:

Menominee Opening Brief

Other briefs TK

Lower court materials here.

Federal Court Decides Menominee v. Lexington Ins. Co.

Here are the materials in Menominee Indian Tribe v. Lexington Ins. Co. (N.D. Cal.):

1 Notice of Removal

1-2 Complaint

58 Amended Complaint

62 Lexington Motion to Dismiss

72 Opposition

77 Lexington Reply

109 DCT Order

Mashantucket Pequot Suit over Pandemic Losses Severely Limited

Here are the materials in Mashantucket Pequot Tribal Nation v. Factory Mutual Ins. Co. (Conn. Super. Ct.):

Amended Complaint

Motion to Strike Complaint

Opposition

Reply

Superior Court Order