Eighth Circuit Briefs in Tribal Court Jurisdiction Matter — Belcourt Public School District v. Davis


Belcourt Public School District Opening Brief

Tribal Response Brief

Belcourt Public School District Reply Brief

Lower court materials here.

Federal Court Hold Turtle Mountain Tribal Court Has Jurisdiction over Indian Claims against Insurance Company

Here are the materials in State Farm Insurance Companies v. Turtle Mountain Fleet Farm LLC (D.N.D.):

25 Greenwoods Motion for Summary J + Tribal Appellate Court Decision

27 State Farm Motion for Summary J

27-1 Tribal Court Complaint

27-3 State Farm Tribal Court Motion to Dismiss

37 Greenwood Response

38 State Farm Response

39 State Farm Reply

42 MJ Order

An excerpt:

In summary, the court concludes that the tribal court does have jurisdiction over the Greenwoods’ claims against State Farm. In reaching this conclusion, the status of the title of the land is not a significant consideration. Rather, the important factors for purposes of this case, given the nature of the activity at issue, are that the insurance policy was issued to members of the Tribe and is for a residence located on the reservation. Consequently, the court would reach the same conclusion if the Greenwoods’ residence was situated on non-Indian owned fee land.

Federal Court Holds Tribal Courts May Adjudicate Claims against On-Rez Public Schools in North Dakota

Here are the materials in Belcourt Public School District v. Davis (D. N.D.):

19 Belcourt Motion for Summary J

19-6 TMAC Appellate Decision

26 Defendants Response

27 Belcourt Reply

33 DCT Order

And here is the opinion in Fort Yates Public School District #4 v. Murphy (D. N.D.):

40 DCT Order

We posted materials in this matter here.