tribal court exhaustion doctrine – Page 6

Federal Court Orders Exhaustion of Tribal Remedies in Yerington Paiute Mine Torts Case

November 19, 2018Matthew L.M. Fletcher

Here are the materials in BP America v. Yerington Paiute Tribe (D. Nev.):

37 Amended Complaint

38 Amended Motion for PI

41 Tribal Judge MTD

42 Tribal Judge Response to 38

51 Tribe MTD

52 Tribe Response to 38

53-1 Tribal Court MTD

54 Tribal Court Reponse to 38

59 Plaintiffs Consolidated Response

61 Reply in Support of 38

62 Reply in Support of 41

63 Tribal Court Reply in Support of 53

64 Tribe Reply in Support of 51

78 DCT Order Dismissing 37

80 Plaintiff Motion to Amend Judgment

82 Tribal Judge Response to 80

85 Tribe Response to 80

88 Reply in Support of 80

91 DCT Order

Prior post here.

Federal Court Orders Tribal Exhaustion in Property Dispute

November 12, 2018Matthew L.M. Fletcher

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

November 12, 2018November 12, 2018Matthew L.M. Fletcher

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

Briefs:

Wilson Opening Brief

US Answer Brief

Appellee Brief

Lower court materials here.

Federal Court Dismisses Tort Claim against Crow Health Care Center

October 23, 2018Matthew L.M. Fletcher

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

September 28, 2018Matthew L.M. Fletcher

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

September 27, 2018Matthew L.M. Fletcher

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

September 26, 2018September 26, 2018Matthew L.M. Fletcher

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

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

September 4, 2018September 4, 2018Matthew L.M. Fletcher

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]

August 17, 2018August 17, 2018Matthew L.M. Fletcher

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

July 27, 2018Matthew L.M. Fletcher1 Comment

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