Federal Court Decides “Montana 1” Case in Favor of Tribal Interests

Here are the materials in DISH Network v. Laducer (D. N.D.):

Laducer v DISH Tribal Court Complaint

Turtle Mtn Tribal Court Denial of Motion to Dismiss

TMAC Order Denying Interlocutory Appeal

DISH Motion for PI

DCT Order Denying DISH Motion for PI

From the opinion:

This dispute implicates the first Montana exception. Dish Network argues this case involves no activity that took place on the reservation, and that it only concerns the filing of two third-party complaints against Brian Laducer. However, the contract between Dish Network and Brian Laducer lies at the heart of this protracted dispute. In his Tribal Court complaint, Brian Laducer alleges “Dish Network has taken advantage and abused the legal process to harm Mr. Laducer.” Determining whether Dish Network abused the legal process will undoubtedly involve an examination of the contract between Dish Network and Brian Laducer. Dish Network voluntarily entered into a contract with Brian Laducer, an enrolled member of the Turtle Mountain Band of Chippewa Indians, to provide services on the reservation. By entering into a consensual contractual relationship with tribal members on tribal land, Dish Network subjected itself to the jurisdiction of the Tribal Court. This factor weighs against granting a preliminary injunction.

And here are the state court materials leading into the tribal court case (the case started in state court, was removed to federal court, and remanded back to state court, which determined it did not have jurisdiction):

State Court Transcript

State Court Summary Judgment Order against Laducer

State Court Dismissal Order Memorandum

Ninth Circuit Briefs in ICWA Case Involving Washoe Tribe

Here are the briefs so far in Fred v. Washoe Tribe of Nevada & California:

Washoe Opening Brief

Fred Answer Brief

Lower court materials are here.

Hopi Tribe Moves to Dismiss Dish Network Effort to Avoid Tribal Jurisdiction

Here is the motion in Dish Network v. Tewa (D. Ariz.):

Hopi Motion to Dismiss

The complaint is here.

Opening Ninth Circuit Brief Grand Canyon Skywalk Case

Here:

GCSD Opening Brief

Here is our last posting on the district court case.

Ninth Circuit Finds No Colorable Tribal Jurisdiction over Rincon Mushroom

Here are the materials in Rincon Mushroom Corp. v. Mazzetti:

CA9 Unpublished Opinion

Rincon Mushroom Opening Brief

Rincon Band Answering Brief

Rincon Band Motion to Take Judicial Notice

Rincon Mushroom Reply

Rincon Mushroom Motion to Take Judicial Notice

Lower court materials here.

An excerpt from the Ninth Circuit opinion:

The Tribe argues that the non-member fee land at issue could potentially contaminate the Tribe’s water supply, or exacerbate a future fire that might damage the Rincon Casino. However, these possibilities do not fall within Montana’s second exception, which requires actual actions that have significantly impacted the tribe. Compare id. at 341 (“The sale of formerly Indian-owned fee land to a third party . . . cannot fairly be called ‘catastrophic’ for tribal self-government. . . .”) (citation omitted); and Strate v. A-1 Contractors, 520 U.S. 438, 458-59 (1997) (ruling that tribal court jurisdiction over tort suits is not “needed to preserve the right of reservation Indians to make their own laws and be ruled by them”) (citation and internal quotation marks omitted), with Elliott, 566 F.3d at 844, 849-50 (holding that the tribal court had colorable jurisdiction where a non-Indian started a forest fire on reservation land).

To hold that the potential threats of harm presented on this record give rise to tribal jurisdiction under Montana’s second exception would allow the exception to swallow the rule; any property within the Rincon Reservation faces  similar potential threats. See Plains Commerce, 554 U.S. at 330. Because the potential threats did not create a plausible basis for tribal court jurisdiction, the district court erred when it dismissed RMCA’s Complaint for failure to exhaust tribal remedies.  See Elliott, 566 F.3d at 848.

Compare that language to the lower court’s description of the same allegation:

Defendants have submitted evidence indicating that conduct on Plaintiff’s property “pose direct threats to the Tribe’s groundwater resources.” (Minjares Decl. ¶ 29, Doc. # 52). Defendants also have submitted evidence that “[c]onditions on the Subject Property during the [2007] Poomacha Fire contributed to the spread of wildfire from that property to Tribal lands across the street on which the Casino is located.” (Mazzetti Decl. ¶ 15, Doc. # 17-2). Although Plaintiff disputes this evidence, Defendants have shown that conduct on Plaintiff’s property plausibly could threaten the Tribe’s groundwater resources and could contribute to the spread of wildfires on the reservation. This showing is sufficient to require exhaustion, given the relief requested by the first two counts of the Complaint.

Federal Court Finds Encana Failed to Exhaust Tribal Court Remedies, and Dismisses Challenge to Wind River Tribal Court Jurisdiction

Here are the materials in Encana Oil & Gas v. St. Clair (D. Wyo.):

70 Order Denying PI

71 Order Granting Motions to Dismiss

The briefs and other materials are posted here.

Federal Court Decides Tribal Court Exhaustion Case Involving Blue Lake Rancheria Tribal Court

Here are the materials in Admiral Insurance Co. v. Blue Lake Tribal Court (N.D. Cal.):

Admiral Renewed Motion for TRO

Blue Lake Tribal Court Opposition

Wood’s Roofing Opposition

DCT Order Denying Admiral Renewed TRO Motion

Materials on Admiral’s prior attempt to secure a TRO are here.

Federal Court Denies Ex Parte TRO in Tribal Court Jurisdiction Matter

Here are the materials in Admiral Ins. Co. v. Blue Lake Rancheria Tribal Court (N.D. Cal.):

Admiral Motion for TRO

Exhibits Part 1

Exhibits Part 2

Exhibits Part 3

DCT Order Denying Admiral TRO

From the order:

Admiral seeks a TRO enjoining the Defendants from exercising tribal court jurisdiction over Admiral and conducting any further proceedings against Admiral. Proposed Order, ECF No. 10-4. Admiral argues that a TRO “is needed in order to preserve the status quo so that the jurisdictional issues can be determined first. If this request is not granted, Admiral is forced to submit to the jurisdiction of the Tribal Court without due process or be subject to sanctions for failing to file a substantive motion on whether Admiral owes a duty to defend and indemnify WRI and have a motion for summary judgment be pending against it to which it cannot oppose, since an opposition would be viewed as subjection to the Tribal Court’s jurisdiction.” TRO Appl. 7

Continue reading

Grand Canyon Skywalk Case Stayed Pending Tribal Court Resolution

Here are the materials:

DCT Order 3-19-12

Hualapai Bad Faith Brief

GCS Bad Faith Brief

GCS Exhibits Pt 1

GCS Exhibits Pt 2

GCS Exhibits Pt 3

GCS Exhibits Pt 4

GCS Exhibits Pt 5

Prior materials on the request for TRO are here.

Materials in Encana Oil & Gas v. St. Clair (Wind River Tribal Court Jurisdiction Case) — UPDATED

This appears to be an effort to avoid a tribal court trial in the wrongful death action brought by an oil worker at the Wind River Reservation (news coverage here).

Update: Last week’s hearing transcript here: encana-v-st-clair-transcript-of-march-2-pi-hearing REV (H/T)

Encana Complaint

Exhibit A – Tribal Court Orders

Exhibit B — Tribal Appellate Court Order

Exhibit C — tribal court complaint

Exhibit E — Encana Jurisdictional Submissions

Exhibit F — DHS Jurisdictional Submissions

Exhibit K — Wind River TERO

Exhibit M — Northern Arapaho Motion to Intervene

Exhibit N — Eastern Shoshone Motion to Intervene

Exhibit P — Order Allowing Intervention

Exhibit Q1 — Compilation of Tribal Court Pleadings

Exhibit Q2

Exhibit Q3

Exhibit Q4

Exhibit Q5

Exhibit Q6

DCT Order Granting Estate Motion to Intervene

Encana Motion for PI

Defendant Opposition to Motion for PI

Encana Reply in Support of PI Motion

Defendant Motion to Dismiss

Encana Opposition to Def Motion to Dismiss