Split Fifth Circuit Panel Affirms Tribal Civil Jurisdiction over Nonmember in Dolgencorp v. Miss. Choctaw

Here is the opinion. An excerpt:

Dolgencorp, Inc. and Dollar General Corp. (collectively “Dolgencorp”) brought an action in the district court seeking to enjoin John Doe, a member of the Mississippi Band of Choctaw Indians, and other defendants (collectively “the tribal defendants”) from adjudicating tort claims against Dolgencorp in the Choctaw tribal court. The district court denied Dolgencorp’s motion for summary judgment and granted summary judgment in favor of the tribal defendants, concluding that the tribal court may properly exercise jurisdiction over Doe’s claims. Because we agree that Dolgencorp’s consensual relationship with Doe  gives rise to tribal court jurisdiction over Doe’s claims under Montana v. United States, 450 U.S. 544, 564-66 (1981), we AFFIRM the district court’s judgment.

Briefs are here.

Lower court decision and materials here.

 

6 thoughts on “Split Fifth Circuit Panel Affirms Tribal Civil Jurisdiction over Nonmember in Dolgencorp v. Miss. Choctaw

  1. Phil October 4, 2013 / 1:04 pm

    We can all breathe a huge sigh of relief that there is no chance the Supreme Court will take this one. The notion that there would be no “consensual relationship” jurisdiction where the company had a license or lease with the Tribe (or whatever it is) consenting to tribal law, and agreed to participate in an internship program which put an Indian child in harm’s way from the company’s employee…absolutely shocking. The Court will not get anywhere near this one (we hope).

    If the dissent were the law . . .

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