North Dakota Supreme Court

Lisa Poitra appeals from an order of eviction arguing that the district court lacked jurisdiction to enter the eviction order because the Trenton Indian Housing Authority (“TIHA”) constitutes a dependent Indian community, and a contract provision requires the eviction to be handled by the Turtle Mountain Band of Chippewa Indians Tribal Court. We conclude the record supports the district court’s finding that TIHA is not a dependent Indian community, the court’s determination it had subject matter jurisdiction, and the finding TIHA did not have a contractual obligation to bring the eviction action in the tribal court.

Lower court order here.

North Dakota SCT Affirms Conviction Arising from Tribal Police Stop

November 1, 2021Matthew L.M. Fletcher

Here are the materials in State v. Suelze (N.D. S. Ct.):

Appellant Brief

Appellee Brief

Opinion

North Dakota SCT Decides Against State Court Jurisdiction over Reservation Accident

August 13, 2021Matthew L.M. Fletcher

Here is the opinion in Jay v. Lavallie.

Briefs:

Appellant Brief

Appellee Brief

Supplemental Appellant Brief

Supplemental Appellee Brief

North Dakota SCT Confirms Tribal Immunity Cloaks Tribal Business

February 19, 2021Matthew L.M. Fletcher

Here are the materials in State of North Dakota by and through Workforce Safety and Insurance v. Cherokee Services Corp.:

2021ND36 — Opinion

Appellant Brief

Appellee Brief

North Dakota SCT Affirms State Court Jurisdiction in Contract Breach Involving Tribal Member

July 23, 2020July 23, 2020Matthew L.M. Fletcher

Here are the materials in Fredericks v. McCormick Inc.:

2020ND161 Opinion

Fredericks Opening Brief

Fredericks Reply

McCormick Brief

McCormick Reply

And here are materials in a related case, Fredericks v. Vogel Law Firm:

2020ND171 Opinion

Appellant Brief

McCormick Inc Answer Brief

Vogel Law Firm Answer Brief

North Dakota SCT Remands Tort Claim to Assess whether Accident Occurred in Indian Country + Whether Defendant was Tribal Member

July 6, 2020July 6, 2020Matthew L.M. Fletcher

Here are the materials in Lavallie v. Jay:

2020ND147 Opinion

Appellant Brief

Appellee Brief

North Dakota SCT Affirms State Court Jurisdiction over Reservation Housing Eviction Matter

January 27, 2020Matthew L.M. Fletcher

Here is the opinion in Gustafson v. Poitra: Opinion

Excerpt:

Linus and Raymond Poitra appeal the district court judgment of eviction. The Poitras argue the district court erred by exercising jurisdiction over this matter, and by sending a North Dakota law enforcement officer onto the reservation to evict tribal members from property within the Turtle Mountain Reservation. We affirm.

Briefs:

Appellant Brief

Appellee Brief