Here is the motion in Heldt v. Payday Financial LLC (D. S.D.):
Complaint here.
tribal court exhaustion doctrine
Eighth Circuit Decides DISH Network Must Exhaust Tribal Court Remedies in Dispute at Turtle Mountain
Update in Omaha Tribal Liquor Jurisdiction Case
The parties have filed cross-motions for summary judgment:
The United States and the State of Nebraska have each filed briefs on the question of whether the Omaha Tribe’s 1854 reservation has been diminished/disestablished, with the federal government supporting the tribe and the state opposing:
Eighth Circuit Briefs in Tribal Court Jurisdiction Appeal from Rosebud Sioux
Here are the briefs in Columbe v. Rosebud Sioux Tribe:
Lower court materials here.
Wrongful Death Action arising from Hot Pursuit against Warm Springs Police Dismissed
Here are the materials in Estate of Kalama v. Jefferson County (D. Or.):
Nebraska Intervenes in Tribal Liquor Jurisdiction Case Involving Pender, NE Liquor Sellers
Here are the materials in Smith v. Parker (D. Neb.):
DCT Order Granting Nebraska Motion to Intervene
Opposition to Motion to Intervene
Nebraska Reply in Support of Motion to Intervene
Prior posts on this very interesting case are here and here.
Ninth Circuit Dismisses Fred v. Washoe Tribe Appeal
Here is the unpublished opinion.
Briefs:
From the opinion:
This is an interlocutory appeal asserting jurisdiction in this court under the collateral order doctrine. The underlying claims relate to the Washoe Tribe’s decision to take custody of the plaintiff’s grandchildren due to allegations of abuse by the grandchildren’s mother (the plaintiff’s daughter). After pursuing tribal remedies, the grandmother, Ms. Fred, filed suit against the Tribe in federal district court. The district court dismissed for failure to state a claim with leave to amend. The Tribe appeals the district court’s dismissal in its favor because the dismissal was without prejudice, arguing that the complaint should have been dismissed with prejudice for three reasons: 1) failure to exhaust tribal court remedies; 2) tribal sovereign immunity; and 3) lack of subject matter jurisdiction.
Prior posts on this case here and here.
Grand Canyon Skywalk Development Files Petition for En Banc Review of Tribal Court Jurisdiction Panel Decision
Federal Court Stays Contract Breach Claim Pending Tribal Court Proceedings
Here are the materials in Lexington Insurance Co. v. Data Aire (W.D. N.C.):
Consent Motion to Stay All Proceedings
Update in Federal Trespass Action at Makah (U.S. v. Ray)
The federal court, after ordering the United States DOJ to exhaust tribal court remedies (an order that apparently made the government’s attorneys ornery), granting partial summary judgment to the government.
Here are the new materials in United States v. Ray (W.D. Wash.):
DCT Order Granting Partial Summary J
US Motion for Partial Summary J
And the Makah tribal court materials:
US Petition for Determination of Makah Tribal Law
The post on the federal court’s requirement that the government seek a tribal court determination of tribal law is here.
The underlying complaint is here.
You must be logged in to post a comment.