tribal court exhaustion doctrine

Bond Reformation/Tribal Court Jurisdiction Matter: Stifel v. LCO

Matthew L.M. Fletcher

Here are the materials so far in Stifel, Nicolaus & Company, Incorporated v. Lac Courte Oreilles Band of Lake Superior Chippewa Indians of Wisconsin (W.D. Wis.):

1 Stifel Complaint

10 LCO Motion to Dismiss or Stay

13 LCO Tribal Court Motion to Dismiss or Stay

14 Stifel Response

18 LCO Tribal Court Reply

19 LCO Reply

25 Stifel Motion for PI

29 Joint Stipulation re Stay of Tribal Court Proceedings

30 DCT Order Allowing Dismissal of Prior Motions wo Prejudice

38 Stifel Motion for Summary J

44 LCO Opposition

49 Stifel Reply

76 DCT Order

An excerpt:

Plaintiff Stifel, Nicolaus & Company, Inc. (“Stifel”) seeks equitable reformation of its Bond Purchase Agreement with defendant Lac Courte Oreilles Band of Lake Superior Chippewa Indians of Wisconsin (the “Band”), as well as a declaratory judgment that the Band may not proceed to sue Stifel in a currently-pending action in Lac Courte Oreilles Tribal Court. Before the court now is plaintiff’s motion for summary judgment on both claims. (Dkt.# 37.) Based on the undisputed facts of record, the court holds that Stifel is entitled to reformation of the Bond Purchase Agreement, but also concludes that the Band may proceed with its pending claims against Stifel in Lac Courte Oreilles Tribal Court. Although Stifel has had ample opportunity to do so already, because the Band did not affirmatively move for summary judgment, the court will give Stifel yet another opportunity to proffer additional evidence, if any, that the forum selection clause in the Bond Purchase Agreement clearly precludes the Band from proceeding in Tribal Court.

Dollar General Corp. v. Mississippi Band of Choctaw Indians Cert Petition

Matthew L.M. Fletcher1 Comment

Here:

Dollar General Cert Petition

Questions presented:

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?

Lower court materials here.

The court also voted 9-5 to deny the en banc petition: CA5 Order Denying Dolgencorp En Banc Petition

En banc petition materials here.

Panel materials here.

Lower court decision and materials here.

Grand Canyon Skywalk Development Defamation Suit Proceeds against PR Firm

Matthew L.M. Fletcher2 Comments

Here are the materials in Grand Canyon Skywalk Development LLC v. Steele (D. Nev.):

17 Scutari & Cieslak Motion to Dismiss

20 Tribal Council Defendants Motion to Dismiss

22 GCSD Response to 17

27 GCSD Response to 20

31 Scutari & Cieslak Reply

32 Tribal Council Defendants Reply

63 Notice of Voluntary Dismissal of Cesspooch

64 Notice of Voluntary Dismissal of Tribal Council Defendants

66 DCT Order

Complaint posted here.

Opening Eighth Circuit Brief in Smith v. Parker — Formerly a Tribal Court Jurisdiction Matter, Now a Reservation Boundaries Matter

Matthew L.M. Fletcher

Here:

Nebraska Opening Brief

Lower court materials and links to prior iterations of this case here.

Federal Court Hold Turtle Mountain Tribal Court Has Jurisdiction over Indian Claims against Insurance Company

Matthew L.M. Fletcher

Here are the materials in State Farm Insurance Companies v. Turtle Mountain Fleet Farm LLC (D.N.D.):

25 Greenwoods Motion for Summary J + Tribal Appellate Court Decision

27 State Farm Motion for Summary J

27-1 Tribal Court Complaint

27-3 State Farm Tribal Court Motion to Dismiss

37 Greenwood Response

38 State Farm Response

39 State Farm Reply

42 MJ Order

An excerpt:

In summary, the court concludes that the tribal court does have jurisdiction over the Greenwoods’ claims against State Farm. In reaching this conclusion, the status of the title of the land is not a significant consideration. Rather, the important factors for purposes of this case, given the nature of the activity at issue, are that the insurance policy was issued to members of the Tribe and is for a residence located on the reservation. Consequently, the court would reach the same conclusion if the Greenwoods’ residence was situated on non-Indian owned fee land.

Federal Court Orders Exhaustion in Heldt v. Payday Financial

Matthew L.M. Fletcher

Here are the updated materials in Heldt v. Payday Financial LLC (D.S.D.):

36 Opposition to Motion to Compel Arbitration

46 Opposition to Motion to Stay

51 Opposition to Motion to Dismiss

56 Reply Brief in Support of Motion to Dismiss

58 DCT Order on Exhaustion

An excerpt:

ORDERED that Defendants, as the parties asserting that there is tribal court jurisdiction and that there ought to be tribal court exhaustion, must file within thirty (30) days of the date of this Order a declaratory judgment action in the Cheyenne River Sioux Tribal Court naming the Plaintiffs herein to address to that court the issue of tribal court jurisdiction and if that court concludes it has jurisdiction, and the availability of an arbitration forum as specified in the loan agreements in this case. In such a tribal court action, Plaintiffs of course may contest tribal court jurisdiction and assert their arguments as the unavailability of an arbitration forum as specified in the agreements without waiving their assertion that there is no tribal court jurisdiction. It is finally

ORDERED that the parties keep this Court advised of proceedings in the Cheyenne River Sioux Tribal Court by filing upon the conclusion of any tribal court proceedings and/or appeals, all pleadings filed by any party and all rulings by the tribal court as an attachment to an affidavit or stipulation.

Prior materials are here, here, and here.

Eighth Circuit Decides Tribal Court Exhaustion Appeal — Colombe v. Rosebud Sioux

Matthew L.M. Fletcher1 Comment

Here is the opinion.

Briefs and lower court materials here.

Fifth Circuit Panel Issues Amended Opinion in Dolgencorp v. Mississippi Band of Choctaw Indians

Matthew L.M. Fletcher2 Comments

Here is the amended opinion:

CA5 Amended Opinion

The main amendment appears to be that the panel will no longer rely upon the Ninth Circuit’s holding in Water Wheel — and instead finds that the tribe retains jurisdiction over the underlying tort claim under the Montana 1 consensual relations exception.

The court also voted 9-5 to deny the en banc petition: CA5 Order Denying Dolgencorp En Banc Petition

En banc petition materials here.

Panel materials here.

Lower court decision and materials here.

Federal Court Holds Omaha Reservation Not Diminished in Tribal Liquor Jurisdiction Matter

Matthew L.M. Fletcher4 Comments

Here are the new materials in Smith v. Parker (D. Neb.):

134 Nebraska Response

135 US Response

136 Village of Pender Response

138 Omaha Tribe Response

140 Opinion

Cross-motions for summary judgment and briefs are here. Prior posts here, here, and here.

Wrongful Termination Suit against Oglala Lakota College Filed in Federal Court Dismissed

Matthew L.M. Fletcher

Here are the materials in Wilson v. Shortbull (D. S.D.):

13 Motion to Dismiss

18 MJ R&R

21 DCT Order

An excerpt:

Ms. Wilson does not object to the magistrate judge finding she failed to exhaust her tribal remedies. Rather, Ms. Wilson objects on the basis that she does not believe the tribal courts can be impartial because of their connection to OLC. (Docket 19). Ms. Wilson asserted this same argument in her response to defendants’ motion to dismiss. (Docket 16). This contention does not fall within any of the exceptions to the exhaustion requirement noted above. In addition, the court agrees with the magistrate judge in finding exhaustion of tribal remedies in this case is particularly appropriate because Ms. Wilson’s allegations are premised on the employment action of a tribally chartered organization. The court finds Ms. Wilson is required to exhaust her tribal remedies. Because Ms. Wilson has not exhausted those remedies, this court lacks jurisdiction over her action.