tribal court exhaustion doctrine – Page 12

In this case, a divided panel of the Fifth Circuit held that tribal courts do have that jurisdiction. Five judges dissented from the denial of rehearing en banc. The case accordingly presents the issue the Court left open in Hicks and the Question the Court granted certiorari to decide in Plains Commerce:

Whether Indian tribal courts have jurisdiction to adjudicate civil tort claims against nonmembers, including as a means of regulating the conduct of nonmembers who enter into consensual relationships with a tribe or its members?

State of Nebraska v. Parker Cert Petition

June 2, 2015June 4, 2015Matthew L.M. Fletcher2 Comments

Here:

State of Nebraska v Parker cert petition

Questions presented:

In Solem v. Bartlett, the Court articulated a three-part analysis designed to evaluate whether a surplus land act may have resulted in a diminishment of a federal Indian reservation. See 465 U.S. 463, 470-72 (1984). The Court found that the “statutory language used to open the Indian lands,” “events surrounding the passage of a surplus land Act,” and “events that occurred after the passage of a surplus land Act” are all relevant to determining whether diminishment has occurred.

The questions presented by the petition are:

1. Whether ambiguous evidence concerning the first two Solem factors necessarily forecloses any possibility that diminishment could be found on a de facto basis.

2. Whether the original boundaries of the Omaha Indian Reservation were diminished following passage of the Act of August 7, 1882.

Lower court materials here.

Dollar General Response Brief to SG’s Invitation Brief

May 21, 2015Matthew L.M. Fletcher

Here:

13-1496 Petr Supp Brief

SG Invitation brief here.

Cert stage briefs here.

SG’s Invitation Brief Opposing Dollar General Cert Petition

May 13, 2015Matthew L.M. Fletcher2 Comments

Here:

13-1496 Dollar General CVSG

Cert stage briefs are here.

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

April 28, 2015April 29, 2015Matthew L.M. Fletcher1 Comment

Here are the materials in Glacier Electric Cooperative, Inc. v. Gervais (D. Mont.):

An excerpt:

The Court at this juncture simply must determine whether jurisdiction is “plainly” lacking. The standard set forth in Grand Canyon Skywalk applies to this case irrespective ofthe ambiguous nature of the land ownership. Glacier Electric’s actions, at the minimum, amount to an intrusion on the Blackfeet Tribe’s right to exclude. Glacier Electric’s actions could be subject to the Blackfeet Tribe’s right to regulate and adjudicate non-members based on interference with its right to exclude.

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

April 28, 2015Matthew L.M. Fletcher1 Comment

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

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).

SCOTUS Denies Cert in Western Sky v. Jackson

April 27, 2015Matthew L.M. Fletcher

Here is the order list.

Cert stage briefs are here.

Lower court materials here.