District of North Dakota

North Dakota Federal Court Declines to Stay ERISA Claims against Standing Rock while Tribal Court Case on Parallel Claims Proceeds

Matthew L.M. Fletcher

Here are the new materials in Meilstrup v. Standing Rock Sioux Tribe (D. N.D.):

31 Motion to Stay.pdfDownload
31-1 Tribal Answer + Counterclaims.pdfDownload
32 Response.pdfDownload
34 DCT Order.pdfDownload

Prior post here.

Federal FTCA Suit Filed over BIA Cop Killing of Turtle Mountain Chippewa Citizen

Matthew L.M. Fletcher

Here is the complaint in Wilkie v. United States (D.N.D.):

1 Complaint.pdfDownload

Eighth Circuit Denies Indian Property Rights (again) and Affirms Dismissal of Trespass Claims against Pipeline Company

Matthew L.M. Fletcher

Here is the opinion in Chase v. Andeavor Logistics PC.

Briefs:

Opening Brief.pdfDownload
Federal Amicus Brief.pdfDownload
Appellee Brief.pdfDownload
Reply.pdfDownload

Lower court materials.

North Dakota Federal Court Holds ERISA Abrogates Tribal Immunity re: Non-Governmental Plans, Preempts Tribal Jurisdiction, but Holds Former Tribal Employee Consented to Tribal Court Jurisdiction for Common Law Claims

Matthew L.M. Fletcher

Here are the materials in Meilstrup v. Standing Rock Sioux Tribe (D. N.D.):

1 Complaint.pdfDownload
5 Motion to Dismiss.pdfDownload
10 Opposition.pdfDownload
15 Reply.pdfDownload
16 DCT Order.pdfDownload

Eighth Circuit Briefs in WPX Energy Williston LLC v. Jones

Matthew L.M. Fletcher

Here:

Opening Brief.pdfDownload
Appellee Brief.pdfDownload

Lower court materials here.

Eighth Circuit Affirms Dismissal of Wrongful Death Suit against BIA Cops for Killing Innocent Tribal Citizen

Matthew L.M. Fletcher

Here are the materials in Martin v. Gorneau:

Appellant Brief

Federal Actors Brief

Municipal Actors Brief

State Actors Brief

Unpublished Opinion

Prior post here.

This just seems absolutely lousy. What a Kafkaesque justice system.

North Dakota Federal Court Rejects Tribal Court Jurisdiction over Enforcement of ROW Agreement on Allotment, Holding US Has Exclusive Authority

Matthew L.M. Fletcher

Here are the materials in WPX Energy Williston LLC v. Fettig (D.N.D.):

1 Complaint

1-8 MHA Nation Supreme Court Decision

8 Fettig Answer + Counterclaim

13 Motion to Dismiss Counterclaim

16 Response to 13

18 Motion for PI

22 Reply ISO 13

23 Tribal Response to 18

26 Reply ISO 18

30 DCT Order

Prior post here.

Yep, this is that cigarette case again.

North Dakota Federal Court Dismisses Wrongful Death Suit against BIA Cops for Killing Innocent Tribal Citizen

Matthew L.M. Fletcher

Here are the materials in Martin v. Gorneau (D.N.D.):

1 Complaint

59 US Motion to Dismiss

66 Individual Defendants Motion to Dismiss

71 State Defendants Motion to Dismiss

76 Response

78 Individual Defendants Reply

79 State Reply

80 US Reply

89 Magistrate Report

90 Objection

91 Individual Defendants Response

92 US Response

93 State Reply

95 DCT Order

Eighth Circuit Rejects Challenge to BLM Approval of Mining on Shores of Lake Sakakawea

Matthew L.M. Fletcher

Pbbbt

Here is the opinion in Mandan Hidatsa & Arikara Nation v. Dept. of the Interior.

Briefs here.

Pretty sure this guy would be pissed.

Resource Extraction Company Sues MHA Nation over Appointment of Third Arbitrator in Dispute over Trust Land Lease

Matthew L.M. Fletcher

Here is the complaint in Spotted Hawk Development LLC v. Three Affiliated Tribes of the Fort Berthold Reservation (D.N.D.):

1 Complaint.pdfDownload