Here is today’s order list.
The cert stage briefs in the FMC case are here.
Lower court materials here.
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US Amicus Brief in FMC Corp. v. Shoshone-Bannock Tribes
FMC Corp. v. Shoshone-Bannock Tribes Cert Petition [Updated]
Here:
Questions presented:
1. Whether the Ninth Circuit correctly holds that tribal jurisdiction over nonmembers is established whenever a Montana exception is met, or whether, as the Seventh and Eighth Circuits have held, a court must also determine that the exercise of such jurisdiction stems from the tribe’s inherent authority to set conditions on entry, preserve tribal self-government, or control internal relations.
2. Whether the Ninth Circuit has construed the Montana exceptions to swallow the general rule that tribes lack jurisdiction over nonmembers.
Lower court materials here.
Update:
Ninth Circuit Affirms Tribal Jurisdiction in FMC v. Shoshone-Bannock
Ninth Circuit Briefs in FMC Corp. v. Shoshone-Bannock Tribes
Federal Court Holds Shoshone-Bannock Tribes Have Authority to Impose $1.5M Annual Permit Fee on FMC Corp.
Here is the order in FMC Corp. v. Shoshone-Bannock Tribes (D. Idaho):
64-1 Tribe Motion on Montana 1
65-1 Tribe Motion on Montana 2
66-1 Tribe Motion on Tribal Process
67-2 FMC Motion on Tribal Process
72 FMC Opposition re Montana 1
73 FMC Opposition re Montana 2
74 FMC Opposition re Tribal Process
76 Tribe Response re Montana 1
77 Tribe Response re Montana 2
News coverage here.
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