Here is the unpublished opinion.
Briefs:
Prior posts here.
Here are the new materials in Enerplus Resources (USA) Corporation v. Wilkinson (D.N.D.):
98 Enerplus Motion for Atty Fees
101 Response to Motion for Atty Fees
104 Reply in Support of Motion for Atty Fees
Prior posts here.
Here are the materials in Enerplus Resources (USA) Corporation v. Wilkinson (D.N.D.):
An excerpt:
Given the forum selection clauses in the Settlement Agreement, the ORRI Assignment, and the Division Orders, the Tribal Court clearly lacks jurisdiction over the case. The record before this Court clearly establishes that every party to the dispute agreed to the forum selection clauses at issue. Thus, Enerplus is entitled to a declaratory judgment that the forum selection clauses at issue preclude the Tribal Court from exercising jurisdiction over any dispute arising from those documents, and preclude Wilkinson from asserting in Tribal Court any claims arising from, and related to those documents.
CA8 materials here.
Here is the opinion in Enerplus Resources (USA) Corporation v. Wilkinson.
Materials here.
Here are the materials in Enerplus Resources (USA) Corporation v. Wilkinson (D. N.D.):
62-enerplus-motion-for-summary-j
Materials in the pending Eighth Circuit portion of this case are here.
Here are the materials in Enerplus Resources (USA) Corporation v. Wilkinson:
District of North Dakota materials: