Here:
MHA Nation Judicial Officers Brief
Lower court materials here.
tribal court exhaustion doctrine
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.):
Updates in Free v. Dellinger
Federal Court Rejects Tribal Jurisdiction, Orders Arbitration, in Oilfield Equipment Contract Dispute
Here are the materials in Halcon Operating Co. Inc. v. Rez Rock N Water LLC (D.N.D.):
Federal Court Dismisses Gaming Developer’s State Law Claims against Apache Tribe, Orders Tribal Court Exhaustion in Others
Here are the materials in FSS Development Company LLC v. Apache Tribe of Oklahoma (W.D. Okla.):
Federal Court Excuses Additional Tribal Court Exhaustion in Oil/Gas Flaring Dispute at Fort Berthold
Here are the materials in Kodiak Oil & Gas (USA) Inc. v. Burr (D.N.D.):
29-9 mha nation supreme court opinion
45 tribal judge motion to dismiss
46 burr response to motion for pi
48 tribal judge response to motion for pi
54 kodiak reply in support of motion for pi
62 tribal judge reply in support of mtd
Federal Court Rejects Effort to Appeal Shakopee Tribal Court Marriage Dissolution/Child Custody Order
Here are the materials in Nguyen v. Gustafson (D. Minn.):
The plaintiff in this case is also the plaintiff in Americans for Tribal Court Equality v. Piper.
Harvey v. Ute Indian Tribe Cert Petition
Here:
Questions presented:
1.Whether the tribal remedies exhaustion doctrine, which requires federal courts to stay cases challenging tribal jurisdiction until the parties have exhausted parallel tribal court proceedings, applies to state courts as well.
2.Whether the tribal remedies exhaustion doctrine requires that nontribal courts yield to tribal courts when the parties have not invoked the tribal court‘s jurisdiction.
Lower court materials here.
UPDATES:
SCOTUS Denies Cert in ICWA and Tribal Jurisdiction Matters
Here is today’s order list. The Court denied cert in Renteria v. Superior Court & Norton v. Ute Indian Tribe.
Federal Court Stays Becker v. Ute to Await Tribal Court Rulings
Here are the materials in Becker v. Ute Indian Tribe of the Uintah and Ouray Reservation (D. Utah):
73 Ute Motion for Summary Judgment [preemption]
74 Ute Motion for Summary Judgment [illegality]
75 Ute Emergency Motion for TRO
101 Ute Motion to Reassign Case
102 DCt Chief Judge Order re 101
103:
Discussion and argument heard on the motions. After taking a recess, and for the reasons stated on the record, the court made the following rulings on the record:
The court DENIES 70 Mr. Becker’s Motion for Preliminary Injunction;
DENIES 71 Motion for Leave to File Sealed Document;
DENIES 75 The Tribe’s Motion for TRO, Motion for Preliminary Injunction, and Motion for Permanent Injunction; and
GRANTS 93 Tribe’s Motion for Leave to File Sur-Reply.The court also stays the case and all remaining pending motions (Dkt. Nos. 72, 73 and 74). Should the tribal court decline jurisdiction, the court will then address the remaining motions. The parties are granted leave to file a motion to lift the stay if circumstances should change before resolution of both the tribal court and state court actions.
Prior posts here.
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