tribal court jurisdiction over nonmembers – Page 9

Oklahoma is among the states with the highest number of opioid prescriptions per one hundred people and has a high overdose death rate. Tribal communities have been tragically affected, as have other communities in Oklahoma. Numerous cities, counties and states throughout the country, including the state of Oklahoma, have filed lawsuits against various opioid manufactures, pharmaceutical distributors, and other businesses allegedly responsible for the proliferation of opioid drugs. This proceeding concerns a lawsuit by the Cherokee Nation against a number of opioid distributors and pharmacies. However, the question before the Court is not the merits of the Cherokee Nation’s lawsuit but rather the boundaries of tribal court jurisdiction. The Attorney General of the Cherokee Nation has filed suit not in state court but in the tribal district court of the Cherokee Nation. Do the tribal courts of the Cherokee Nation have jurisdiction over this particular action? The Court finds they do not.

Briefs here.

Window Rock School District v. Reeves Cert Stage Materials

December 27, 2017December 27, 2017Matthew L.M. Fletcher1 Comment

Here:

Cert Petition

Cert Opp Brief

Lower court materials here.

Federal Court Suit to Enforce Arbitration Over Tribal Court Suit

October 4, 2017October 4, 2017Matthew L.M. Fletcher

Here are the materials so far in Halcón Operating Co. Inc. V. Rez Rock N Water LLC (D.N.D.):

1 Complaint

4 Motion for PI

Federal Court Holds Shoshone-Bannock Tribes Have Authority to Impose $1.5M Annual Permit Fee on FMC Corp.

September 29, 2017September 29, 2017Matthew L.M. Fletcher

Here is the order in FMC Corp. v. Shoshone-Bannock Tribes (D. Idaho):

64-1 Tribe Motion on Montana 1

65-1 Tribe Motion on Montana 2

66-1 Tribe Motion on Tribal Process

67-2 FMC Motion on Tribal Process

67-3 FMC Motion on Montana 1

67-4 FMC Motion on Montana 2

72 FMC Opposition re Montana 1

73 FMC Opposition re Montana 2

74 FMC Opposition re Tribal Process

75 Tribe Response re Process

76 Tribe Response re Montana 1

77 Tribe Response re Montana 2

80 Tribe Reply re Process

81 Tribe Reply re Montana 1

82 Tribe Reply re Montana 2

83 FMC Reply re Process

84 FMC Reply re Montana 2

85 FMC Reply re Montana 1

95 DCT Order

News coverage here.

Idaho Federal Court Holds Tribe’s Effort to Enforce Tribal Judgment Must Be Dismissed Unless Tribe is Seeking an Order on Tribal Court Jurisdiction

August 28, 2017Matthew L.M. Fletcher1 Comment

Here are the materials in Coeur d’Alene Tribe v. Hawks (D. Idaho):

1 Complaint + Exhibits

6-1 Motion to Dismiss

10 Response

12 Reply

16 DCT Order

An excerpt:

But here, the Hawks have not challenged the Tribal Court‘s jurisdiction to make the award, and the Tribe has not sought a declaratory judgment that its courts had jurisdiction over the Hawks. Instead, the Tribe is simply asking a federal court to domesticate and enforce a Tribal Court Judgment. While such a claim has a basis in Idaho law and can be enforced in Idaho courts pursuant to Idaho Code § 10-1401 et. seq., the Tribe cites no federal statute or law that is in dispute and that could be used to create a federal question.