Federal Court Refuses to Enforce Ute Tribal Court Order over Water Rights

Here are the materials in Ute Indian Tribe v. McKee (D. Utah):

55 Tribe Motion for Summary Judgment

55-1 Volume I of Appendix

60 McKee Cross-Motion

64 Ute Reply

68 McKee Reply

89 DCT Order

Prior post here.

Federal Court Dismisses Suit against Duck Valley Tribe for Failure to Exhaust

Here are the materials in Magee v. Shoshone Paiute Tribes of the Duck Valley Reservation (D. Nev.):

1 Complaint

10 Motion to Dismiss

10-1 Tribal Court Record

16 Response

25 Reply

26 Surreply

28 Objection to Surreply

40 DCT Order

Pleadings (so far) in Insurance Company’s Effort to Avoid Navajo Nation District Court Jurisdiction

Here are the materials in Zurich American Insurance Company v. McPaul (D. Ariz.):

1 Complaint

1-2 Navajo Nation Complaint in Chinle D. Ct.

30 Zurich Motion for Summary J

32 Navajo Motion for Summary J

34 Zurich Response

35 Navajo Response

39 Zurich Reply

40 Navajo Reply

FMC Corp. v. Shoshone-Bannock Tribes Cert Petition [Updated]



Questions presented:

1. Whether the Ninth Circuit correctly holds that tribal jurisdiction over nonmembers is established whenever a Montana exception is met, or whether, as the Seventh and Eighth Circuits have held, a court must also determine that the exercise of such jurisdiction stems from the tribe’s inherent authority to set conditions on entry, preserve tribal self-government, or control internal relations.

2. Whether the Ninth Circuit has construed the Montana exceptions to swallow the general rule that tribes lack jurisdiction over nonmembers.

Lower court materials here.


Brief in Opposition


Red Cliff Ojibwe Appellate Court Rejects Nonmember Challenge to Tribal Jurisdiction

Here are the materials in Red Cliff Band of Lake Superior Chippewa Indians v. CenturyTel of the Midwest – Kendall, LLC:

PLD 2020-02-04 Final Decision

Briefs here.

Alex Skibine on Legislating Tribal Civil Jurisdiction over Nonmembers [now published]

Alex Tallchief Skibine has published “Incorporation Without Assimilation: Legislating Tribal Civil Jurisdiction over Nonmembers” in the UCLA Law Review Discourse.

The abstract:

For the last forty years the U.S. Supreme Court has been engaged in a measured attack on the sovereignty of Indian tribes when it comes to tribal court jurisdiction over people who are not members of the tribe asserting that jurisdiction. The U.S. Congress has already enacted legislation partially restoring some tribal courts’ criminal jurisdiction over nonmembers. This Article proposes to legislatively reconfirm the civil jurisdiction of tribal courts over such nonmembers. After examining the Supreme Court’s jurisprudence in this area and summarizing the Court’s main concerns with such tribal jurisdiction, this Article explores various legislative options before settling on a preferred course of action. The proposal set forth in the last part of this Article would reconfirm tribal court civil jurisdiction over nonmembers provided the tribal courts has established personal jurisdiction over the parties. However, tribal courts’ determinations on this subject would be appealable to federal courts. Furthermore, the Article proposes to allow nonmembers being sued in tribal courts the option of removing their cases to federal courts under certain conditions.

Federal Court Orders Tribal Exhaustion in Contract Dispute with Colville

Here are the materials in Clements v. Confederated Tribes of the Colville Reservation (E.D. Wash.):

1 Complaint

9 Motion to Dismiss

9-8 Colville Tribal Court Opinion

9-9 Colville COA Opinion

11 Response

12 Reply

17 DCT Order

Ninth Circuit Affirms Tribal Jurisdiction in FMC v. Shoshone-Bannock

Here is the opinion in FMC Corp. v. Shoshone-Bannock Tribes.

Briefs here.


En Banc Petition

Amicus Brief

CA9 Order Denying Petition