Tag Archives: tribal jurisdiction over nonmembers

Idaho SCT Enforces Coeur d’Alene Tribal Court Order against Nonmembers

Here is the opinion in Coeur d’Alene Tribe v. Johnson. (PDF) An excerpt: Here, the Johnsons assert that the Tribal Court is dominated by the Tribe. They point to the tribal law stating that the Tribe has jurisdiction over the river and … Continue reading

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

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

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 … Continue reading

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

Window Rock Unified School District v. Reeves (Nez) Cert Petition

Here: Cert Petition  Question presented: Whether a tribal court has jurisdiction to adjudicate employment claims by Arizona school district employees against their Arizona school district employer that operates on the Navajo reservation pursuant to a state constitutional mandate to provide … Continue reading

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

Federal Court Orders Mushroom Company to Keep Exhausting Tribal Remedies [updated]

Here are the materials in Rincon Mushroom Corporation of America v. Mazzetti (S.D. Cal.): 83-1 Motion to Reopen 84 Response 91 Reply 92-1 Second Motion to Reopen 93 Response 94 Reply 95 DCT Order Prior posts here. UPDATE: 104 Rincon Mushroom … Continue reading

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

Split Ninth Circuit Panel Finds Colorable Navajo Labor Commission Jurisdiction over Window Rock School District

Here is the opinion in Window Rock School District v. Nez. An excerpt from the court’s syllabus: The panel held that it was “colorable or plausible” that the tribal adjudicative forum, the Navajo Nation Labor Commission, had jurisdiction because the claims arose … Continue reading

Posted in Author: Matthew L.M. Fletcher, Research, Tribal Codes, tribal courts | Tagged , , , | 2 Comments

SCOTUS Denies Cert in Jensen v. EXC Inc.

Link to docket page here. Link to previous materials and coverage here.

Posted in Author: Sarah Donnelly, Research, Supreme Court, tribal courts | Tagged , , , ,

Leah Jurss on Creative Remedies for Tribes Extending Civil Infraction Systems over Non-Indians

Our own Leah Jurss (MSU Law ’15, MSU Law Review EIC, White Earth Ojibwe) has published “Halting the Slide Down the Sovereignty Slope: Creative Remedies for Tribes Extending Civil Infraction Systems over Non-Indians” in the Rutgers Race and The Law Review. … Continue reading

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

Tenth Circuit Briefs in Harvey v. Ute Indian Tribe (Federal Removal; Tribal Jurisdiction)

Here: Appellant Brief Appellee Brief Reply Brief Lower court materials here.

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

Second Federal Court Suit to Stop Fort Berthold Tribal Court Suit against Oil Company

Here are the materials in EOG Resources Inc. v. Johnson (D. N.D.): 1 Complaint 1-1 Tribal Court Summons

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

Federal Court Suit to Stop Fort Berthold Tribal Court Suit against Oil Company

Here are the materials so far in Kodiak Oil & Gas (USA) Inc. v. Burr (D. N.D.): 1 Complaint 1-1 Amended Tribal Court Complaint 1-2 Tribal Resolution

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