District of North Dakota

North Dakota Federal Court Holds that Exposing Nonmember Conducting Business on Indian Land to a Suit Enforcing a Contract-Based Smoking Ban to which the Nonmember Agreed to Creates an Irreparable Harm

Matthew L.M. Fletcher

Color me skeptical about the state of the Eighth Circuit’s tribal inherent powers jurisprudence if a tribal citizen who leases their land to nonmembers, who then violate the terms of that lease, cannot bring suit in tribal court to enforce the lease. Seems to me this holding is in direct conflict with the Supreme Court’s decisions ordering tribal exhaustion.

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

1 Complaint

16 Answer + Counterclaim

20 Motion to Dismiss

22 Motion to Dismiss Counterclaim

24-12 MHA Nation Trial Court Decision

25 Response to 20

27 Motion for Preliminary Injunction

38 Reply in Support of 20 + Response to 27

43 Response to 22

44 Reply in Support of 27

47 Reply in Support of 22

51 DCT Order on Motion to Dismiss

50-dct-order-on-motion-for-preliminary-injunctionDownload

North Dakota Federal Court Dismisses FTCA Claim arising from BIA Road Maintenance Negligence under “Discretionary Function Exception”

Matthew L.M. Fletcher
Federal (and tribal) discretion at work.

Here are the materials in Mound v. United States (D.N.D.):

1 Complaint

9 Federal Motion to Dismiss

19 Response

23 Reply

32 US Post Hearing Brief

33 Mound Post Hearing Brief

32-dct-order-motion-to-dismiss-1Download

Eighth Circuit Rejects MHA Nation Citizens’ Voting Rights Suit

Matthew L.M. Fletcher

Here is the opinion in Cross v. Fox.

Briefs:

Cross Brief.pdfDownload
Tribe Brief.pdfDownload
Reply.pdfDownload

Lower court materials here.

Fort Berthold Agency

Materials in Tribal Business Partner’s Fraud/RICO Suit against MHA Nation

Matthew L.M. Fletcher

Here are the materials so far in Bird Industries Inc. v. Three Affiliated Tribes of the Fort Berthold Indian Reservation (D.S.D.):

1 Complaint

10 Amended Complaint

17 Motion to Dismiss

18-8 Arbitration Demand

18-9 AAA Arbitration Dismissal Order

25 Response

Federal Court Dismisses Most of Suit by MHA Nation over Spilled Oil on Trust Allotment

Matthew L.M. Fletcher

Here are the materials (so far) in Danks v. Slawson Exploration Co. (D.N.D.):

9-1 Tribal Court Decision

24 Amended Complaint

35 Slawson Motion to Dismiss

37 Slawson Motion for Summary J

38 Danks Combined Response to 35 and 37

40 Slawson Response

42 DCT Order to Show Cause

43 Danks Response 42

45 Slawson Response to 42

56 DCT Order

Eighth Circuit Decides Chase v. Andeavor Logistics L.P.

Matthew L.M. Fletcher

Here is the opinion.

Briefs:

opening brief.pdfDownload
answer brief.pdfDownload
reply.pdfDownload

Lower court materials here. We’ll update those later.

Federal Court Dismisses Most Claims by Water Protectors against State and County over NoDAPL Protests

Matthew L.M. Fletcher

Here are the materials in Thunderhawk v. County of Morton (D.N.D.):

38 TigerSwan Answer + Counterclaim

44 Amended Complaint

45-1 Motion to Dismiss TigerSwan Counterclaim

49 County Motion to Dismiss

52 State Motion to Dismiss

56 TigerSwam Answer + 2d Counterclaim

57 TigerSwan Opposition to 45

58 Reply in Support of 45

61 Response to County MTD

62 Response to State MTD

67-1 Motion to Dismiss TigerSwan 2d Counterclaim

71 County Reply in Support of 49

73 TigerSwan Opposition to 67

76 State Reply in Support of 52

82 TigerSwan MSJ

84 Response to TigerSwan MSJ

85 TigerSwan Reply in Support of 82

87 DCT Order Dismissing TigerSwan Counterclaim

88 DCT Order