North Dakota SCT Confirms Tribal Immunity Cloaks Tribal Business

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

Reply

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

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

Reply

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

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

North Dakota ICWA Case on Qualified Expert Witness

Here: Interest of K.S.D. and J.S.D., 2017 ND 289

The lack of qualified expert testimony on whether the continued custody of the child by the parent or Indian custodian is likely to result in serious emotional or physical damage to the child leaves this record without evidence necessary for the district court to find the State established the ICWA requirement by proof beyond a reasonable doubt. 25 U.S.C. There is a line of authority that upholds termination of parental rights absent an ICWA qualified expert witness. We choose to follow the other branch of authority because the United States Code and the United States Code of Federal Regulations require—and do not merely suggest—that a qualified expert witness testify on the ICWA requirements in all ICWA terminations.

 

(Unrelated, one has to love a Court that only allows opinions to be downloaded as WordPerfect documents. That’s commitment.)