Tag Archives: tribal jurisdiction over nonmembers

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.

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

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 … Continue reading

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

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 … Continue reading

Posted in Author: Matthew L.M. Fletcher, Research, sovereign immunity, Supreme Court, Tribal Codes, 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 , , , , ,

Ninth Circuit Affirms Mitchell v. Tulalip

Here is the unpublished opinion in Mitchell v. Tulalip Tribes: Opinion – Affirming Dismissal Briefs here.

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

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.

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

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.

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

Ninth Circuit Briefs in Mitchell v. Tulalip Tribes [challenge to tribal zoning ordinance]

Here: Mitchell Opening Brief Tulalip Answer Brief Reply Brief

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

Norton v. Ute Indian Tribe Cert Petition

Here: Cert Petition Question presented: In light of the clear precedent of Nevada v. Hicks, 533 U.S. 353 (2001), which holds that state law enforcement officers are not subject to suit in a tribal court for claims arising out of … Continue reading

Posted in Author: Matthew L.M. Fletcher, Research, tribal courts | Tagged , , , , | 1 Comment

NYTs Profile on Cherokee Suit against Opioid Manufacturers and Distributors

Here is “In Opioid Battle, Cherokee Want Their Day in Tribal Court.”  

Posted in Author: Matthew L.M. Fletcher, News, tribal courts | Tagged , , , , | 1 Comment