Here are the briefs:
Lower court materials here.
Oral argument video:
Here:
Questions presented:
“[T]he inherent sovereign powers of an Indian tribe do not extend to the activities of nonmembers of the tribe.” Montana v. United States, 450 U.S. 544, 565 (1981). The Montana Court recognized two limited narrow exceptions to that rule. But the Court has never resolved the question of whether tribal courts may ever exercise civil tort jurisdiction over nonmembers. In Plains Commerce Bank v. Long Family Land & Cattle Co., 554 U.S. 316 (2008) and in Dollar General Corporation and Dolgencorp, LLC v. The Mississippi Band of Choctaw Indians, et. al. 136 S.Ct. 2159 (2016) the issue was brought before this Court, but unanswered. This case presents the issue of: Whether Indian tribal courts have jurisdiction to adjudicate civil tort claims against nonmembers?
Further this case presents the issue of: If the Indian tribal courts have jurisdiction to adjudicate civil tort claims over nonmembers, what is the prerequisite notice of any such authority, what is the prerequisite consent thereto by a nonmember, and what is the viable scope of such jurisdiction so as to satisfy the Due Process rights of a nonmember?
Lower court materials here.
UPDATE:
Here:
Available district court materials (many filings are sealed, including the district court order):
30-motion-to-dismiss-e28094-sovereign-immunity.pdf
Here are the new materials in United States v. Washington (W.D. Wash.) [subproceeding 11-02]:
238 Jamestown and Port Gamble S’Klallam Tribes Motion
247 Jamestown and Port Gamble Reply
255 Jamestown and Port Gamble Response
262 Jamestown and Port Gamble Surreply
Ninth Circuit materials here and here.
Previous lower court court materials here.
Here is the opinion in United States v. Washington, subproceeding 17-01.
Briefs here.
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