Here are the materials in Butler v. Fortunes Asian Cuisine (S.D. Cal.):
tribal court exhaustion doctrine
Hualapai Tribal Court Issues Stay Order in Tribal Court Suit against Grand Canyon Skywalk
Omaha Tribal Court Opinion Holding Tribe Has Authority to Tax Liquor Retailers on 1854 Reservation
Here is the opinion:
Village of Pender v Morris — Omaha Tribal Court
The District of Nebraska previously ordered exhaustion of tribal remedies in this matter, materials here.
And here is the briefing schedule:
News coverage here.
Fifth Circuit Briefs in Miss. Band Choctaw Tribal Court Jurisdiction Matter
Here are the briefs so far in Dolgencorp. Inc. v. Mississippi Band of Choctaw Indians:
UPDATE (3/4/13): Dolgencorp Reply Brief
Lower court decision and materials here.
Update in Columbe v. Rosebud Sioux Tribe: Tribal Court Has Jurisdiction to Rule on Gaming Management Contract
Here are the materials in Columbe v. Rosebud Sioux Tribe (D. S.D.):
RST Cross Motion for Summary J
An excerpt:
Colombe now asks this Court to rule on the sole remaining issue from this Court’s September 23, 2011 Opinion and Order: Whether the Tribal Court had jurisdiction to hold that the oral modification to the NIGC-approved management contract was void. Colombe argues that the NIGC has the sole, exclusive authority to determine whether modifications to NIGC-approved management contracts can have any legal effect. Doc. 49 at 6-7. Colombe also argues that Defendants’ Tribal Court suit is prohibited because IGRA does not authorize a private cause of action. Doc. 49 at 8. Defendants counter that the Rosebud Sioux Tribal Supreme Court had jurisdiction to rule on the legal validity of the oral, unapproved modification to the approved management contract after Colombe raised the modification as a defense in the Tribe’s underlying contract suit. Doc. 59; Doc. 60. Defendants also assert that its Tribal Court suit is not for a “claimed IGRA violation” and therefore does not need to be authorized by the IGRA. Doc. 57 at 19.
Here are the materials on the Sept. 2011 order, and on the motion for reconsideration.
Federal Court Complaint Filed Alleging Turtle Mountain Tribal Court “Bad Faith”
Federal Court Orders Exhaustion of Tribal Remedies in Pojoaque Tribal Gaming Contract Dispute
Here are the materials in Fine Consulting, Inc. v. Rivera (D. N.M.):
DCT Order Granting Rivera Motion
If anyone doubts the impact of good Indian law scholarship, then look here. Sarah Krakoff’s excellent Colorado Law Review article Tribal Civil Judicial Jurisdiction Over Nonmembers: A Practical Guide for Judges is all over this opinion.
Plains Commerce Bank Redux — Federal Court Orders Exhaustion on Claims Not Decided by Supreme Court
Here are the materials in Plains Commerce Bank v. Long Family Land and Cattle Co. (D. S.D.):
DCT Order Requiring Tribal Court Exhaustion
Long Family Tribal Court Complaint
Plains Commerce Federal Court Complaint [plus tribal court docs]
Plains Commerce Motion for TRO
Plains Commerce Motion for Summary J
You may recall from Justice Pommersheim’s opinion from way back in the last decade that Plains Commerce only challenged the discrimination claim against it, not the bad faith or breach of contract claims. And since the money damages verdict was a general verdict, any of the surviving claims may support the verdict.
Federal Court Orders Exhaustion of Tribal Remedies in Shoshone-Bannock Zoning Case
Here are the materials in Evans v. Shoshone-Bannock Land Use Policy Commission (D. Idaho):
Dkt 20-1 Memorandum in Support of Motion to Dismiss (00049369)[1].PDF[1][1]
Dkt 49 – Response to Plaintiffs’ Motion for Preliminary Injunction (00049977)[1][2][1]
Memorandum Decision & Order[2][2]
From Mark Echo-Hawk, atty for the Tribes:
The Shoshone-Bannock Tribes earned a winning decision in a hard-fought battle in the Idaho District Court today. The case was about exhaustion of tribal court remedies. The specific issue was whether the Tribes could enforce their land use laws against a non-Indian who built a single family residence on fee owned land on the Fort Hall Reservation. The Tribes attempted to enforce their building permit and business licensing laws against the builder and his contractors and when their efforts were ignored the Tribes filed suit in tribal court. The non-Indian landowner and contractors (backed by the surrounding county and non-Indian businesses) sued in federal court, seeking declaratory and injunctive relief. The Tribes filed a motion to dismiss, arguing that exhaustion of tribal court remedies was required. The non-Indian landowner and contractors argued the Reservation was ‘open’, or diminished, and that the tribes initiated the suit in bad faith. The case came down to whether it was plausible that tribal jurisdiction existed under Montana’s second exception. The federal district court found that the Reservation area in question was not open, that jurisdiction was plausible, and granted the tribes’ motion to dismiss, requiring exhaustion of tribal court remedies. Significantly, the Court confined the ‘catastrophic’ consequences language in Plains Commerce Bank relating to Montana’s second exception to land sale cases and distinguished the analysis required for land use cases. Here is the Court’s decision and the Tribes’ supporting briefing: (attached). The Tribes have been fighting with Power County for years about land use jurisdiction. There aren’t many favorable exhaustion cases that focus on Montana’s second exception, so this may be helpful to other Tribes.
Federal Court Stays ICRA Habeas re: ICW Matter Pending Exhaustion of Tribal Court Remedies
Here is the order in Jones v. Lummi (W.D. Wash.):
DCT Order on Tribal Court Exhaustion
An earlier order in this matter is here.
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