tribal court exhaustion doctrine

Utah Federal Court Orders Exhaustion of Tribal Remedies in Ute Banishment Case

Matthew L.M. Fletcher

Here are the new materials in Chegup v. Ute Indian Tribe of the Unitah and Ouray Indian Reservation (D. Utah), formerly Chegup v. Ute Indian Tribal Court of the Uintah and Ouray Reservation:

115 Memorandum in Support of Motion to Dismiss.pdfDownload
126 Chegup Brief on Secretarial Approval.pdfDownload
128 Tribe Brief on Secretarial Approval.pdfDownload
129 Reply re Secretarial Approval.pdfDownload
131 Tribe’s Second Brief on Secretarial Approval.pdfDownload
132 DCT Order on Exhaustion.pdfDownload

Tenth Circuit materials here. Earlier materials in the district court here.

Tenth Circuit Dismisses Appeal and Awards Attorney Fees to Iowa Tribe

Matthew L.M. Fletcher

Here are the materials in Monster Tech. Group v. Eller:

Monster Tech Motion to Dismiss.pdfDownload
Tribe Motion for Attorney Fees.pdfDownload
Monster Tech Response to Motion for Attorney Fees.pdfDownload
Tribe Response to Motion to Dismiss.pdfDownload
Reply in Support of Motion to Dismiss.pdfDownload
Reply in Support of Motion for Attorney Fees.pdfDownload
Unpublished Opinion.pdfDownload

Merits briefs here.

Lower court materials here.

Adams v. Dodge Cert Petition

Matthew L.M. Fletcher

Here:

21- Petition.pdfDownload

Questions presented:

1. Whether federal plaintiffs seeking to challenge their non-federal prosecution on the basis of bad faith face a heightened pleading standard.

2. Whether actions taken by the clerk of a non-federal court to impede review of a habeas petition obviate the petitioner’s need to further exhaust remedies in that court.

Lower court materials here.

Manoomin Supplemental Brief in White Earth Nation Tribal Court

Matthew L.M. Fletcher

Here:

White Earth Manoomin Supplemental Brief 4-6-2022.pdfDownload

Prior post here.

Washington Federal Court Orders Insurance Company to Exhaust Tribal Court Remedies

Matthew L.M. Fletcher

Here are the materials in Allstate Insurance Co. v. Cornelson (W.D. Wash.):

1 Complaint.pdfDownload
13 Motion to Dismiss — Subject Matter Jurisdiction.pdfDownload
18 Response to 13.pdfDownload
21 Reply in Support of 13.pdfDownload
28 Motion to Dismiss — Tribal Court Exhaustion.pdfDownload
35 DCT Order Denying 13.pdfDownload
43 Response to 28.pdfDownload
44 Reply in Support of 28.pdfDownload
46 DCT Order.pdfDownload
Great Hall of the Lower Elwha Klallam Tribe

Tenth Circuit Briefs in Monster Tech. Group v. Eller [Iowa Tribe]

Matthew L.M. Fletcher

Here:

Opening Brief

Tribe Answer Brief

Lower court materials here.

Smoking monster engine destroying town

White Earth Ojibwe Appellate Court Dismissed Manoomin Suit against Minnesota DNR

Matthew L.M. Fletcher

Here is the order in Minnesota Dept. of Natural Resources v. Manoomin dated March 10, 2022:

manoomin-opinion-ap21-0516Download

Prior post here.

Ninth Circuit Briefs in Eagle Bear Inc. v. Blackfeet Indian Nation

Matthew L.M. Fletcher
Babb Indian Rodeo, Blackfeet Indian Reservation of Montana, 1979

Here:

eagle-bear-opening-briefDownload
blackfeet-answer-briefDownload

Lower court materials here.

Ninth Circuit Decides Adams v. Dodge [Nooksack]

Matthew L.M. Fletcher

Here is the unpublished opinion.

Briefs are here.

Oklahoma Federal Court Dismisses Nonmember Company’s Objection to Tribal Court Jurisdiction

Matthew L.M. Fletcher

Here are the materials in Monster Tech. Group v. Eller (W.D. Okla.):

1 Complaint

1-1 Agreement

1-2 AAA Petition

1-3 Iowa Tribal Court Injunction

4-1 Monster Group Motion

5 DCT Order Dismissing Complaint without Prejudice

7-1 Motion for Reconsideration

8 DCT Order Denying Reconsideration