tribal court exhaustion doctrine – Page 19 – Turtle Talk

Federal Court Orders DISH Network to Exhaust Tribal Remedies in Challenge to Tribal Regulatory Authority

November 2, 2012Matthew L.M. Fletcher1 Comment

Here is the order in DISH Network v. Tewa (D. Ariz.):

DCT Order in DISH v Tewa

Briefs are here.

ICRA Habeas Challenge to Makah Banishment Order Dismissed

October 11, 2012Matthew L.M. Fletcher

Here are the materials in Wilbur v. Makah Tribal Court (W.D. Wash.):

DCT Order Dismissing Wilbur Claims

Makah Motion to Dismiss

Wilbur Response

Opening Eighth Circuit Brief in Montana 1 Case out of Turtle Mountain Tribal Court (UPDATED with Answer and Reply Briefs)

October 8, 2012November 26, 2012Matthew L.M. Fletcher2 Comments

Here is the brief in DISH Network Service LLC v. Laducer:

DISH Network Opening Brief

And the answer brief:

Tribal Court Brief

And the reply brief:

DISH Network Reply Brief

Lower court materials here and here.

Opening Brief in Encana Oil & Gas v. St. Clair (Wind River Tribal Court Jurisdiction)

September 13, 2012Matthew L.M. Fletcher

Here:

Encana Opening Brief

Lower court materials here.

Federal Court Declines to Dismiss Tribal Election Dispute Question

August 23, 2012August 23, 2012Matthew L.M. Fletcher

Here are the materials in Eastern Shawnee Tribe v. Douthitt (N.D. Okla.):

DCT Order Denying CIO Motion to Dismiss

CIO Motion to Dismiss

An excerpt from the opinion:

Now before the Court is Defendants’ Motion to Dismiss and Brief in Support (Dkt. # 16). Defendants argue that the Court lacks subject matter jurisdiction over this case because plaintiff is asking the Court to resolve an internal tribal dispute. They also assert that they have not waived their sovereign immunity from suit and that plaintiff’s claims should be dismissed. Plaintiff responds that it is asking the Court to determine whether the Court of Indian Offenses for the Eastern Shawnee Tribe of Oklahoma had jurisdiction to decide an election dispute, and this is a federal question that can be decided by this Court. They also argue that defendants are not shielded from suit by the doctrine of sovereign immunity.

Abritrator Awards More than $28 Million to Grand Canyon Skywalk in Dispute with Hualapai Nation

August 20, 2012August 20, 2012Matthew L.M. Fletcher3 Comments

Here are those materials:

Arbitrator Final Award

Tribal Court Minute Entry & Order

Update in Grand Canyon Skywalk Development v. ‘Sa’ Nyu Wa: Complete Ninth Circuit Briefing

August 16, 2012Matthew L.M. Fletcher1 Comment

Here are the briefs (argument is October 19, 2012):

GCSD Opening Brief

Sa Nyu Wa Answer Brief

GCSD Reply Brief

Lower court materials here.

Update in Dish Network v. Tewa: Tribal Court Exhaustion Case

August 1, 2012August 16, 2012Matthew L.M. Fletcher1 Comment

Here are the materials in the pending motion to dismiss:

Hopi Motion to Dismiss

Dish Network Response

UPDATE (8/16/12): Hopi Reply

The opinion and other materials in Dish Network’s motion for a preliminary injunction in a similar case out of North Dakota are here.

Federal Court Dismisses Business Defamation Action against Caddo Member

July 27, 2012Matthew L.M. Fletcher

Here are the materials in Kelin v. Guy (W.D. Okla.):

DCT Order Dismissing Kelin Complaint

Guy Motion to Dismiss

Kelin Supplement

Ninth Circuit Panel Agrees to Re-Hear Rincon Mushroom Tribal Court Exhaustion Case

July 20, 2012July 20, 2012Matthew L.M. Fletcher

Here is that order, along with the unpublished opinion ordering a stay of the trial court case.

The petition stage materials:

Mazetti En Banc Petition

Santa Ynez et al Amicus Brief in Support of Petition

Pala Band et al Amicus Brief in Support of Petition

Rincon Mushroom Opposition

Mazzetti Request to Take Judicial Notice

Rincon Mushroom Opposition to Judicial Notice Request

Panel materials are here.

Trial court materials are here.