Tag Archives: Plains Commerce Bank v. Long Family Land and Cattle Co.
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 →
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 →
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 →
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 →
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 →
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 →
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 →
Here: Oral Argument Transcript
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.
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.