This case, out of the District of Montana, involves a trespass claim in Crow Tribal Court by Crow allottees regarding a transmission wire owned by PacificCorp.
pacificorp-motion-for-summary-judgment
tribal court exhaustion doctrine
Business Law Today Feature on Indian Businesses and Tribal Courts
The ABA’s Business Law Today features several short articles on federal Indian law and business here. Links to the articles are below the fold.
Our mini-theme: Native America
Culture, Business and the Law
The law is a system that provides social cohesion while at the same time revealing much about our culture in a nation of many people and customs. In this issue, we celebrate the Native peoples of our nation, which include Native Americans, Alaska Natives, and Native Hawaiians.
Few of us have had the opportunity to develop a deep understanding of the people who have lived for centuries in the places we now call home. The articles in this issue are written by lawyers who are part of Native communities and provide unique insight into the interplay between America’s federal, state, and tribal laws.
One author grew up on a reservation, not having seen the ocean on the East or West Coast prior to earning admittance to one of the best, and most elite, undergraduate universities in the country. This author currently spends half the year near the Pacific Ocean and half the year on the reservation. Another author grew to adulthood before learning of the family’s Native culture and beginning a life-altering journey of discovery, which included going through traditional rituals to be formally admitted to the tribe.
While the articles focus on legal, procedural, and business issues implicated when dealing with Native peoples or their lands, they also provide some perspective on the incredible wealth of cultures in this country that is reflected in our legal system.
–Nicole Harris
San Francisco
Deal or no deal?
Understanding Indian Country transactions
By Gabriel S. Galanda and Anthony S. Broadman
Encouraging business with Indian tribes
A brief discussion of the tribal exhaustion doctrine
By Thomas Weathers
Tribal courts and alternative dispute resolution
Mediated settlements and arbitration awards in tribal court
By Pat Sekaquaptewa
Avoiding trouble in paradise
Understanding Hawai`i’s law and indigenous culture
D. Kapua`ala Sproat
Louisiana Supreme Court Rejects Tribal Court Exhaustion Doctrine
A badly divided Louisiana Supreme Court held that state courts need not apply the tribal court exhaustion doctrine in Mayer and Assoc. v. Coushatta Tribe (opinion).
Mullally v. Havasu Landing Casino — FLMA Claim Against Tribal Casino
The district court for the Central District of California dismissed the FMLA claim on grounds of sovereign immunity. Other claims, including defamation, were dismissed without prejudice on the tribal court exhaustion doctrine. And, under tribal law, the casino immunity was waived.
havasu-landing-motion-to-dismiss
Stone v. Blackhawk — Tribal Court Exhaustion at Crow
Here is a simple tribal court exhaustion case arising out of a property dispute at Crow.
magistrate-report and recommendation
Tribal Court Exhaustion Case Involving the Colorado River Indian Tribe
The case is Water Wheel Camp v. Larance, out of the federal district court for the District of Arizona. The DCT denied a motion for a TRO from the non-Indian-owned complainant, who wanted to avoid continuing tribal court litigation over an attempt by CRIT to evict them.
Water Wheel Complaint [Includes two tribal court opinions as exhibits]
Motion for TRO [plus exhibits]
Tribal appellate court decision:
Farmers Union Oil v. Guggolz — Plains Commerce Bank Redux
This is a case before the same trial judge as in Plains Commerce Bank in the D.S.D. This one is a slip and fall, but Farmers Union Oil the defendant in tribal court at Standing Rock. The judge followed Plains Commerce Bank and many other similar decisions in requiring the exhaustion of tribal court remedies, but then he took an unfortunate potshot at the CA8 opinion in Plains Commerce Bank:
I have previously cited in this order and opinion the case of Plains Commerce. I was the trial judge in that case. The case was affirmed on appeal by the United States Court of Appeals for the Eighth Circuit. As I read the appellate opinion, I was struck by the fact that such opinion would clearly and substantially broaden the jurisdiction of tribal courts in the Eighth Circuit. It would allow tribal courts to decide what common law principles were to be applied in tribal courts. This would be a significant expansion of tribal court jurisdiction in civil cases. In the past few days, I have noted that the United States Supreme Court has granted the petition of Plains Commerce for a writ of certiorari. Apparently, we will have further guidance from the Supreme Court.
Atwood v. Fort Peck Tribal Court (CA9)
This is a tribal court exhaustion case out of the Ninth Circuit (with Judge Canby sitting on the panel):
Burlington Northern v. Vaughn (CA9) Materials
BNSF v. Vaughn involves the Hualapai tribe’s attempt to impose taxes on BNSF railroad. BNSF brought an Ex parte Young action against two tribal officials: the chairman and the tax collector, seeking an injunction. The tribe argued that the railroad was required to exhaust its tribal remedies and that the tribe and its officials hadn’t waived tribal immunity. The district court disagreed. Here, the Ninth Circuit held that the tribe could bring an interlocutory appeal of the rejection of the immunity defense, but held that the tax collector was not immune from suit and remanded for further proceedings.
Here are the materials:
Philip Morris v. King Mountain — Tribal Court Exhaustion in 9th Circuit
This case, involving the tribal court exhaustion doctrine, was argued before the Ninth Circuit in May 2007 before Brunetti, McKeown, and William Fletcher. A parallel case is ongoing in the Yakama tribal court.
Here are the materials:
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