McKesson Corp. v. Hembree

Federal Court Accepts Cherokee Nation’s Voluntary Dismissal of Tribal Court Opioid Case

Matthew L.M. Fletcher

Here are the materials in McKesson Corp. v. Hembree (N.D. Okla.):

139 Hembree Motion to Dismiss

141 Opposition

145 Reply

146 DCT Order

Prior post here.

Federal Court Enjoins Cherokee Nation Tribal Court Suit against Opioid Companies

Matthew L.M. Fletcher

Here is the order in McKesson Corp. v. Hembree (N.D. Okla.):

138 DCT Order

An excerpt:

Oklahoma is among the states with the highest number of opioid prescriptions per one hundred people and has a high overdose death rate. Tribal communities have been tragically affected, as have other communities in Oklahoma. Numerous cities, counties and states throughout the country, including the state of Oklahoma, have filed lawsuits against various opioid manufactures, pharmaceutical distributors, and other businesses allegedly responsible for the proliferation of opioid drugs. This proceeding concerns a lawsuit by the Cherokee Nation against a number of opioid distributors and pharmacies. However, the question before the Court is not the merits of the Cherokee Nation’s lawsuit but rather the boundaries of tribal court jurisdiction. The Attorney General of the Cherokee Nation has filed suit not in state court but in the tribal district court of the Cherokee Nation. Do the tribal courts of the Cherokee Nation have jurisdiction over this particular action? The Court finds they do not.

Briefs here.

Cherokee Nation Says Recent 10th Cir. Decision Supports Tribal Court Jurisdiction Over Drugmakers

Sarah M Donnelly

Download(PDF) brief in the matter of McKesson Corp. et al. v. Hembree et al., 17-cv-00323 (D. Okla.):

Links: Previous posts, Murphy v. Royal (10th Cir. Aug. 8, 2017)

Cherokee Nation Briefs Asserting Tribal Court Jurisdiction Over Drug Makers

Sarah M Donnelly

Here are the materials in the matter of McKesson Corp. et al. v. Hembree et al., 17-cv-00323 (D. Okla.):

Doc. 86 – Memorandum of Defendant Attorney General Todd Hembree in Opposition to Plaintiffs’ Motion for a Preliminary Injunction

Doc. 95 – Response of Judicial Officers to Motion for Preliminary Injunction

Complaint and motion previously posted here.

Tribal court complaint previously posted here.

Drug Companies Challenge Cherokee Tribal Court Jurisdiction in Federal Court

Matthew L.M. Fletcher18 Comments

Here are the materials in McKesson Corp. v. Hembree (N.D. Okla.):

2 Complaint

13 Motion for Injunction

The tribal court complaint in Cherokee Nation of Oklahoma v. McKesson Corp. is here.