Federal Court Refuses to Reconsider Tribal Court Exhaustion Order

Here are the materials in Glacier Electric Cooperative, Inc. v. Gervais (D. Mont.):

13 Motion to Amend

14 Response

17 Reply

18 DCT Order

The original order is here.

Federal Court Orders Exhaustion of Tribal Remedies in Suit Brought against Utility in Blackfeet Tribal Court

Here are the materials in Glacier Electric Cooperative, Inc. v. Gervais (D. Mont.):

3 Motion to Dismiss

6 Opposition

9 Reply

10 DCT Order

An excerpt:

The Court at this juncture simply must determine whether jurisdiction is “plainly” lacking. The standard set forth in Grand Canyon Skywalk applies to this case irrespective ofthe ambiguous nature of the land ownership. Glacier Electric’s actions, at the minimum, amount to an intrusion on the Blackfeet Tribe’s right to exclude. Glacier Electric’s actions could be subject to the Blackfeet Tribe’s right to regulate and adjudicate non-members based on interference with its right to exclude.