FMC Corp. v. Shoshone-Bannock Tribes Cert Petition

Here:

cert-petition.pdf

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.

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

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

Briefs here.

UPDATE:

En Banc Petition

Amicus Brief

CA9 Order Denying Petition

SCOTUS Denies Cert in Mitchell v. Tulalip; Teck Metals v. Colville; and King Mountain Tobacco

Here is the order list.

Mitchell materials here.

Teck Metals materials here.

King Mountain materials here.

Wilson v. Horton’s Towing Cert Petition [Montana; Exhaustion; Civil Forfeiture]

Here:

Cert Petition

Questions presented:

1. Does an Indian Tribe have authority under the second exception of Montana v. United States, 450 U.S. 544 (1981), to forfeit automobiles owned by non Native Americans for violation of tribal drug laws while on tribal land?

2. If so, does the Tribe have authority to seize a motor vehicle off reservation if it has probable cause to believe that the automobile previously contained illegal drugs while on tribal lands?

Lower court materials here.

Mitchell v. Tulalip Tribes Cert Petition

Here:

mitchell-cert-petition.pdf

UPDATE:

Tulalip BIO

Question presented:

Does sovereign immunity bar the federal courts’ consideration of a declaratory judgment action to determine whether Respondent Tribes can exercise regulatory/taxing authority over real property owned in fee by Petitioners non-Indians, pursuant to allotments that were authorized by the Tribes’ treaty with the United States?

Lower court materials here.

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

Here:

FMC Opening Brief

Tribal Appellee Brief

FMC Reply

Tribe Reply

Prior posts here.

Federal Court Dismisses Effort to Appeal Shakopee Tribal Court Marriage Dissolution/Child Custody Order

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 Rejects Effort to Appeal Shakopee Tribal Court Marriage Dissolution/Child Custody Order

Here are the materials in Nguyen v. Gustafson (D. Minn.):

6 Motion for PI

25 Response

28 Reply

29 DCT Order

The plaintiff in this case is also the plaintiff in Americans for Tribal Court Equality v. Piper.