Tag Archives: Plains Commerce Bank v. Long Family Land and Cattle Co.

Plains Commerce Bank Redux — Federal Court Orders Exhaustion on Claims Not Decided by Supreme Court

Here are the materials in Plains Commerce Bank v. Long Family Land and Cattle Co. (D. S.D.): DCT Order Requiring Tribal Court Exhaustion Long Family Tribal Court Complaint Plains Commerce Federal Court Complaint [plus tribal court docs] Plains Commerce Motion … Continue reading

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Case to Watch — Amerind v. Malaterre

The Eighth Circuit will be hearing Amerind v. Malaterre shortly. The appellant’s brief is here (amerind-appellant-brief). Our previous posting, with the district court materials and opinion, and the Turtle Mountain appellate court opinion is here. [Disclosure–I was a sitting appellate … Continue reading

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

Wisconsin Supreme Court Justice Warns of Constitutional Problems in a Potential “Oliphant Fix”

The Honorable Patience Drake Roggensack has published “Plains Commerce Bank’s Potential Collision with the Expansion of Tribal Court Jurisdiction by Senate Bill 3320″ in the University of Baltimore Law Review. She concludes: Congress should deliberate carefully on Senate Bill 3320. … Continue reading

Posted in Author: Matthew L.M. Fletcher, Criminal, Research, tribal courts | Tagged , , , | Leave a comment

ABA Business Journal on Plains Commerce Bank

Here is a short article advising farm lenders on the outcome of Plains Commerce Bank, authored by Greg Taylor — taylor-on-farming-lenders-in-indian-country Here is the summary: The Supreme Court’s 5-4 decision last term in Plains Commerce Bank v. Long Family Land … Continue reading

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Wisconsin Supreme Court’s New Rule on Discretionary Transfer to Tribal Courts

Interesting development. Wisconsin, being a PL280 state, has issues with concurrent jurisdiction. Now a state court has discretion to stay a state court proceeding if a tribal court has concurrent jurisdiction, and transfer the case to tribal court, if other … Continue reading

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Legal Times Coverage of the Plains Commerce Bank Argument

From the Legal Times (H/T Indianz): The first Supreme Court oral argument Monday morning was all about Native American law and the jurisdiction of tribal courts. But Chief Justice John Roberts Jr. took the debate in an unexpected direction — … Continue reading

Posted in Author: Matthew L.M. Fletcher, News, Supreme Court, tribal courts | Tagged , , , , , , , | Leave a comment

First Impressions of the Plains Commerce Bank Oral Argument

I noticed several themes in the Plains Commerce Bank oral argument. In no particular order, here are my thoughts. First, the regulatory vs. adjudicatory jurisdiction question. Justice Scalia jumped right out with the first question to the Bank’s counsel (Mr. … Continue reading

Posted in Author: Matthew L.M. Fletcher, Research, Supreme Court, tribal courts | Tagged , , , , | 6 Comments

Oral Argument Transcript — Plains Commerce Bank

Here: Oral Argument Transcript

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Plains Commerce Bank: US Solicitor General’s Office to Participate in Oral Argument

The Court granted the government’s motion to argue the case as amicus curiae, diving the respondent’s argument time. Here is the docket sheet.

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Long Family and Amici Briefs Supporting Respondent Filed

All the bottom side briefs in the Plains Commerce Bank v. Long Family Land & Cattle Co. have been filed and are available at the NARF/NCAI Supreme Court Project website here. The Bank’s reply brief is due shortly.

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