Federal Court Orders Tribal Exhaustion in Property Dispute

Here are the new materials in Watterson v. Fritcher (E.D. Cal.):

28 Response to Order to Show Cause

30 DCT Order

Prior post here.

Ninth Circuit Affirms Order Requiring Exhaustion over Tribal Seizure of Truck

Here is the opinion in Wilson v. Horton’s Towing.

Briefs:

Wilson Opening Brief

US Answer Brief

Appellee Brief

Reply

Lower court materials here.

Federal Court Dismisses Tort Claim against Crow Health Care Center

Here are the materials in Wilhite v. Awe Kualawaache Care Center (D. Mont.):

29 Motion to Dismiss – sovereign immunity

30 Response

33 Reply

35 Motion to Dismiss – FTCA

38 Response

39 DCT Order

Prior post here.

Federal Court Dismisses Effort to Appeal Shakopee Tribal Court Marriage Dissolution/Child Custody Order

Here are the new materials in Nguyen v. Gustafson (D. Minn.):

35 Tribal Motion to Dismiss

39 Defendant Motion to Dismiss

41 Plaintiff Opposition

43 Gustafson Reply

44 Tribal Reply

47 DCT Order Granting Motion to Dismiss

Prior post here.

Federal Court Accepts Cherokee Nation’s Voluntary Dismissal of Tribal Court Opioid Case

Here are the materials in McKesson Corp. v. Hembree (N.D. Okla.):

139 Hembree Motion to Dismiss

141 Opposition

145 Reply

146 DCT Order

Prior post here.

Federal Court Holds Nonmember Exhausted Tribal Remedies when Tribal Appellate Court Decided Jurisdiction Issues, but Not Merits

Here are the materials in Big Horn County Elec. Coop. v. Big Man (D. Mont.):

1 Complaint

1-4 Absolooke Appeals Court Opinion Part 1

1-5 Absolooke Appeals Court Opinion Part 2

1-7 Crow Tribal Court Opinion

1-9 Motion for Summary Judgment

1-10 Defendant Opposition

1-11 Appellant Brief

1-12 Appellee Brief

32 Big Man Motion to Dismiss

34 Tribal Motion to Dismiss

39 Response

44 Big Man Reply

45 Tribal Reply

48 Magistrate Report

50 Big Horn Objections

53 Big Man Response

54 Tribal Response

55 DCT Order Rejecting Magistrate Report

Federal Court Orders Tribal Exhaustion in Title VII Case against Tribal Entity

Here are the materials in Romero v. Wounded Knee LLC (D.S.D.):

56 Motion to Dismiss

59 Motion to Strike

62 Response to 59

63 Reply in Support of 59

67 Response to 56

68 Reply in Support of 56

77 Plaintiff’s Brief on Tribal Exhaustion

78 Defendant’s Brief on Exhaustion

79 DCT Order on Motion to Strike

80 DCT Order on Exhaustion

Eighth Circuit Briefs in Kodiak Oil & Gas (USA) Inc. v. Seaworth [formerly Burr]

Here:

MHA Nation Judicial Officers Brief

HRC Brief

Lower court materials here.

Federal Court Allows Civil RICO Suit to Proceed against Crow Nation-Owned Health Facility

Here are the materials in Wilhite v. Awe Kualawaache Care Center (D. Mont.):

13 Motion to Dismiss

15 Response

17 Reply

18 DCT Order

Updates in Free v. Dellinger

On July 25, 2018, the Northern District of Oklahoma granted motions to dismiss Free v. Dellinger, a dispute about gaming activities on land the Muscogee (Creek) Nation owns, for failure to exhaust tribal remedies. Please see below:

32 Opinion and Order

Please see additional case pleadings here.