tribal court exhaustion doctrine – Page 5 – Turtle Talk

Muscogee Freedmen Descendants Forced to Exhaust Tribal Remedies

May 8, 2019May 8, 2019Matthew L.M. Fletcher

Here is the order in Muscogee Creek Indian Freedmen Band v. Bernhardt (D.D.C.):

Briefs here.

Ninth Circuit Panel Grants Rehearing in Knighton v. Cedarville Rancheria

April 24, 2019Matthew L.M. Fletcher

Maybe this is nothing, but this is a little bit WEIRD . . . in that the Ninth Circuit’s opinions webpage links to an order granting rehearing (here) but there was no response brief docketed AND there is nothing on the court’s docket sheet indicating the petition was granted.

Here is the petition BTW:

Knighton Petition for Rehearing

Panel materials here.

Federal Court Excuses Insurance Company from Tribal Court Jurisdiction

April 8, 2019April 8, 2019Matthew L.M. Fletcher

Here are the materials in Employers Mutual Casualty Company v. Branch (D. Ariz.):

1-2 Coconino County Court Materials

28 Navajo Reply

Materials in Pacheco v. Geisen [Kewa Pueblo; ICRA Habeas]

April 8, 2019April 8, 2019Matthew L.M. Fletcher

Here are the materials in Pacheco v. Geisen (D.N.M.):

1 Habeas Petition

15 Amended Petition

22 Petitioner’s Response

28 Petitioner’s Surreply

30 Magistrate Order on 20

31 Order to Show Cause

34 Petitioner’s Response to 31

45 Order to Show Cause

47 Magistrate Report

Grocery Store Prevails in Defense of Tort Suit Arising on Navajo Lands

March 29, 2019March 29, 2019Matthew L.M. Fletcher

Here are the materials in Morris v. Giant Four Corners Inc. (D.N.M.):

1 Notice of Removal

1-1 State Court Compleint

38 Giant Motion to Dismiss or Stay Pending Exhaustion

44 Reply in Support of 38

64 DCT Order Denying 38

79 DCT Order on Negligent Entrustment

90 Giant Motion for Judgment on Pleadings

91 Giant Motion to Compel Election of Remedies or Dismiss

98 Response to 91

99 Response to 90

101 Reply in Support of 90

103 Reply in Support of 91

Ninth Circuit Decision in Knighton v. Cedarville Rancheria

March 13, 2019Matthew L.M. Fletcher

Here is the opinion in Knighton v. Cedarville Rancheria of Northern Paiute Indians.

Briefs here.

Wilson v. Horton’s Towing Cert Petition [Montana; Exhaustion; Civil Forfeiture]

February 25, 2019Matthew L.M. Fletcher

Here:

Questions presented:

1. Does an Indian Tribe have authority under the second exception of Montana v. United States, 450 U.S. 544 (1981), to forfeit automobiles owned by non Native Americans for violation of tribal drug laws while on tribal land?

2. If so, does the Tribe have authority to seize a motor vehicle off reservation if it has probable cause to believe that the automobile previously contained illegal drugs while on tribal lands?

Lower court materials here.

Eighth Circuit Decides Stanko v. Oglala Sioux Tribe

February 22, 2019Matthew L.M. Fletcher

Here is the opinion.

Briefs here.

Federal Court Orders Exhaustion in Suit against Tribal Corporation

January 24, 2019January 24, 2019Matthew L.M. Fletcher

Here are the materials in World Fuel Services Inc. v. Nambe Pueblo Development Corporation (D. N.M.):

15 motion to dismiss

Ninth Circuit Materials in Knighton v. Cedarville Rancheria

November 21, 2018November 20, 2018Matthew L.M. Fletcher

Here:

Tribe Answer Brief

Oral argument video here.

Lower court materials here.