Tag Archives: tribal court jurisdiction over nonmembers

Ninth Circuit Briefs in Employers Mutual Casualty Company v. McPaul [formerly Branch]

Here: opening-brief-3.pdf answer-brief-2.pdf Lower court materials here.

Posted in Author: Matthew L.M. Fletcher, Research, tribal courts | Tagged , , , ,

Red Cliff Band of Lake Superior Chippewa Indians v. CenturyTel of the Midwest – Kendall, LLC

Here are the materials so far: pld-2019-08-02-centurytel-petition-for-writ-of-mandamus-or-alternatively-writ-of-prohibition.pdf pld-2019-09-03-centurytel_s-brief.pdf pld-2019-1001-tribe_s-appellate-brief-rc-v.-centurytel-of-midwest-kendall-llc.pdf

Posted in Author: Matthew L.M. Fletcher, Research, Tribal Codes, tribal courts | Tagged , , ,

Alex Skibine on Legislating Tribal Civil Jurisdiction Over Non-Members

Alexander Tallchief Skibine has posted a very interesting paper, “Incorporation Without Assimilation: Legislating Tribal Civil Jurisdiction Over Non-Members,” on SSRN. It is forthcoming in the UCLA Law Review Discourse. The abstract: For the last 40 years the Supreme Court has … Continue reading

Posted in Author: Matthew L.M. Fletcher, Research, Scholarship, Tribal Codes, tribal constitutions, tribal courts | Tagged ,

Eighth Circuit Decides Kodiak Oil & Gas (USA) Inc. v. Burr]

Here. Excerpt: A dispute over the practice of flaring natural gas from oil wells fuels the legal controversy in this case: the scope of Native American tribal court authority over  nonmembers. Several members of the MHA Nation sued numerous non-tribal oil … Continue reading

Posted in Author: Matthew L.M. Fletcher, economic development, Research, tribal courts | Tagged , , , , , , ,

Knighton v. Cedarville Rancheria Cert Petition

Here: cert-petition.pdf Questions presented: “[T]he inherent sovereign powers of an Indian tribe do not extend to the activities of nonmembers of the tribe.” Montana v. United States, 450 U.S. 544, 565 (1981). The Montana Court recognized two limited narrow exceptions … Continue reading

Posted in Author: Matthew L.M. Fletcher, Research, Supreme Court, tribal courts | Tagged , , , , , ,

Federal Court Excuses Insurance Company from Tribal Court Jurisdiction

Here are the materials in Employers Mutual Casualty Company v. Branch (D. Ariz.): 1 Complaint 1-2 Coconino County Court Materials 15 EMCC MSJ 22 Navajo MSJ 25 EMCC Reply 28 Navajo Reply 32 DCT Order

Posted in Author: Matthew L.M. Fletcher, Research, tribal courts | Tagged , , ,

Federal Court Rejects Ute Tribe Effort to Disqualify Judge [Ute v. McKee]

Here are the materials so far in Ute Indian Tribe v. McKee (D. Utah): 2 complaint 29 motion to disqualify judge 31 opposition 32 reply 38 dct order denying motion Update (5/6/19): 39-tribe-motion-for-default.pdf 40-mckee-opposition-to-39.pdf 43-motion-to-intervene.pdf 44-reply-in-support-of-39.pdf 45-tribe-opposition-to-43.pdf 46-mckee-opposition-to-43.pdf 52-dct-order-denying-motion-for-default.pdf 53-dct-order-denying-motion-to-intervene.pdf

Posted in Author: Matthew L.M. Fletcher, Research, tribal courts | Tagged , , , ,

Ninth Circuit Briefs in FMC Corp. v. Shoshone-Bannock Tribes

Here: FMC Opening Brief Tribal Appellee Brief FMC Reply Tribe Reply Prior posts here.

Posted in Author: Matthew L.M. Fletcher, Research, Tribal Codes, tribal courts | Tagged , , , , ,

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.

Posted in Author: Matthew L.M. Fletcher, Research, tribal courts | Tagged , , , , , ,

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.

Posted in Author: Matthew L.M. Fletcher, Research, tribal courts | Tagged , , , , , , ,