Takeda Pharmaceuticals America v. Connelly

Ninth Circuit Briefs in Takeda Pharmaceuticals America v. Connelly

Matthew L.M. Fletcher

Here:

Takeda Opening Brief

Connelly Answer Brief

Takeda Reply Brief

Lower court materials here.

Federal Court Orders Exhaustion of Tribal Remedies in Suit Brought against Pharmaceutical Company in Blackfeet Tribal Court

Matthew L.M. Fletcher1 Comment

Here are the materials in Takeda Pharmaceuticals America v. Connelly (D. Mont.):

11 Motion to Dismiss

20 Opposition

31 Reply

59 DCT Order

An excerpt:

The Court at this juncture simply must determine whether Blackfeet Tribal Court “plainly” lacks jurisdiction. The IHS facility sits on leased Indian land. This fact, by itself, amounts to a colorable claim of jurisdiction. The Blackfeet Tribal Court maintains a colorable claim of jurisdiction based on the alleged conduct on tribal trust land. This determination precludes analysis at this point as to whether either Montana exception provides a colorable basis for Blackfeet Tribal Court jurisdiction. Admiral Ins. Co. v. Blue Lake Rancheria Tribal Ct., 2012 WL 1144331 (N.D. Cal. 2012).