Tag Archives: Fort Berthold Tribal Court

Eighth Circuit Decides Kodiak Oil & Gas (USA) Inc. v. Burr]

Here. Excerpt: A dispute over the practice of flaring natural gas from oil wells fuels the legal controversy in this case: the scope of Native American tribal court authority over  nonmembers. Several members of the MHA Nation sued numerous non-tribal oil … Continue reading

Posted in Author: Matthew L.M. Fletcher, economic development, Research, tribal courts | Tagged , , , , , , ,

Eighth Circuit Briefs in Kodiak Oil & Gas (USA) Inc. v. Seaworth [formerly Burr]

Here: MHA Nation Judicial Officers Brief HRC Brief Lower court materials here.

Posted in Author: Matthew L.M. Fletcher, Research, tribal courts | Tagged , , , , , , ,

Federal Court Excuses Additional Tribal Court Exhaustion in Oil/Gas Flaring Dispute at Fort Berthold

Here are the materials in Kodiak Oil & Gas (USA) Inc. v. Burr (D.N.D.): 29-2 mha trial court opinion 29-9 mha nation supreme court opinion 30 kodiak motion for pi 45 tribal judge motion to dismiss 46 burr response to … Continue reading

Posted in Author: Matthew L.M. Fletcher, Research, tribal courts | Tagged , , , ,

N.D. SCT Asserts Jurisdiction over Pipeline Lien on Fort Berthold Reservation

Here is the opinion in Arrow Midstream Holdings LLC v. 3 Bears Construction. Appellant brief Appellee brief Reply brief Odd result and seems to be overly formalist, given that the dispute arose on trust land, and the defendant is a … Continue reading

Posted in Author: Matthew L.M. Fletcher, Research, tribal courts | Tagged , ,

Tribal Court Materials in Competing State/Tribal Court Actions in North Dakota Oil Transport Contract Controversies

Here are the materials in the Fort Berthold Tribal Court action, TJMD LLP v. Dakota Petroleum Transport Solutions LLC: DOCS-#390943-v1-defendants__motion_to_dismiss DOCS-#390944-v1-defendants__brief_-_motion_to_dismiss DOCS-#390945-v1-defendants__appendix_-_motion_to_dismiss Plaintiff’s Brief in Opposition to Defendants Motion to Dismiss for Lack of Non-Trail Member Jur Affidavit of Virgil … Continue reading

Posted in Author: Matthew L.M. Fletcher, Research, tribal courts | Tagged , , , , , ,

Materials in Competing State/Tribal Court Actions in North Dakota Oil Transport Contract Controversies

In the most recent Bench & Bar (Minnesota State Bar Journal) article “Boomtown: Risks and Rewards in the Peace Garden State,” Kristin Rowell writes about her experiences in litigating contract claims in both Fort Berthold Tribal Court and North Dakota’s … Continue reading

Posted in Author: Matthew L.M. Fletcher, Research, tribal courts | Tagged , , , , , | 1 Comment

Federal Court Suit to Stop Fort Berthold Tribal Court Suit against Oil Company

Here are the materials so far in Kodiak Oil & Gas (USA) Inc. v. Burr (D. N.D.): 1 Complaint 1-1 Amended Tribal Court Complaint 1-2 Tribal Resolution

Posted in Author: Matthew L.M. Fletcher, Research, tribal courts | Tagged , , ,