Here are the materials:
Prior materials on the request for TRO are here.
tribal court exhaustion doctrine
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)
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 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
DCT Order Granting Estate Motion to Intervene
Defendant Opposition to Motion for PI
Federal Court Dismisses Casino Slip and Fall, Citing Tribal Court Exhaustion Doctrine
Here are the materials in Girmai v. Rincon Band of Luiseno Indians (S.D. Cal.):
Update in Columbe v. Rosebud Sioux Tribal Court (Suit re Tribal Court Jurisdiction over Nonmember)
Here are the materials in the denial of Columbe’s motions for reconsideration and to hold a trial for a permanent injunction (prior post here, with opinion dismissing plaintiff’s claims):
Columbe Motion for Reconsideration
RST Opposition to Motion for Reconsideration
Columbe Motion for Permanent Injunction
RST Opposition to Motion for Permanent Injunction
DCT Order Denying Motion for Reconsideration
Earliest post here.
Update in Dollar General v. Mississippi Choctaw: Tribal Jurisdiction Upheld
Here are the materials in Dolgen Corp. v. Mississippi Band of Choctaw Indians (S.D. Miss.):
Dollar General Motion for Summary J
Materials from a 2008 TRO motion in the same case are here.
EXC v. Jensen — Nonmember Challenge to Navajo Court Jurisdiction in Tort Case
Here are the materials in EXC, Inc. v. Jensen (D. Ariz.). This is a federal appeal to a Navajo Nation Supreme Court decision affirming jurisdiction over the nonmember company (we posted those materials here).
DCT Order in EXC (denying motion to dismiss)
Navajo Court Defendants Concurrence in Motion to Dismiss
Government Reply Brief in United States v. Ray Motion for Reconsideration
Here:
Well, the government tempered its complaint about having to go to the federal court by citing the government’s trust duties under United States v. Jicarilla Apache Nation. Seems to be an enormous amount of confusion. Jicarilla is a backdoor repudiation of the trust relationship, not the strong directive to protect tribal property. Whatever.
Earlier materials are here.
Update in Columbe v. Rosebud Sioux Tribe
The court has dismissed the plaintiff’s claims that were not appealed to the tribal appellate court for failure to exhaust tribal remedies. Other claims remain extant due to a waiver of immunity.
Here are the materials:
DCT Granting Motion to Dismiss in Part
RST 2d Supplemental Memorandum
Prior materials are here.
Parties Ordered to Produce Contract Provision that Will Determine Whether Rosebud Sioux Tribe Waived Immunity in Federal Court
Here are the materials in Colombe v. Rosebud Sioux Tribe (D. S.D.), a convoluted case originating in tribal court on whether the tribal court can pierce the corporate veil of a former gaming management partner of the Tribe:
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