Tag Archives: tribal court exhaustion doctrine

Federal Court Dismisses Ute Tribal Jurisdiction Challenge on Mootness Grounds

Here are the materials in Charles v. Ute Indian Tribe of the Uintah and Ouray Reservation (D. Utah): 16 motion to dismiss 23 hackford opposition 25 reply 44 motion to dismiss [mootness] 45 hackford opp 47 other defendants opposition 48 reply … Continue reading

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Federal Court Enjoins Cherokee Nation Tribal Court Suit against Opioid Companies

Here is the order in McKesson Corp. v. Hembree (N.D. Okla.): 138 DCT Order An excerpt: Oklahoma is among the states with the highest number of opioid prescriptions per one hundred people and has a high overdose death rate. Tribal … Continue reading

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Federal Magistrate Enters Default against Yamassee Tribal Nation Supreme Court in Claim involving JPMorgan Chase

Here are the materials in JPMorgan Chase Bank N.A. v. Khamsanvong (E.D. Cal.): 1 Complaint 22 Magistrate Order

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Window Rock School District v. Reeves Cert Stage Materials

Here: Cert Petition Cert Opp Brief Reply Lower court materials here.

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

Norton v. Ute Indian Tribe Cert Petition

Here: Cert Petition Question presented: In light of the clear precedent of Nevada v. Hicks, 533 U.S. 353 (2001), which holds that state law enforcement officers are not subject to suit in a tribal court for claims arising out of … Continue reading

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NYTs Profile on Cherokee Suit against Opioid Manufacturers and Distributors

Here is “In Opioid Battle, Cherokee Want Their Day in Tribal Court.”  

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Federal Court Dismisses Foreclosure Action against Tulalip Tribes & Tribal Member

Here are the materials in Wilmington Savings Fund Society v. Fryberg (W.D. Wash.): 15 Tulalip motion to dismiss 21 Response 22 Reply 28 DCT order

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Federal Court Dismisses Habeas Petition by Kickapoo Member for Failure to Exhaust Tribal Remedies

Here are the materials in Darnell v. Merchant (D. Kan.): 1 Habeas Petition 15 Response 17 Reply 33 DCT Order An excerpt: Petitioner Bobbie Darnell, a member of the Kickapoo Tribe in Kansas (the “Tribe”), filed a Petition for Writ … Continue reading

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Split Utah SCT Affirms Tribal Immunity, Adopts Tribal Court Exhaustion Doctrine

Here is the opinion in Harvey v. Ute Indian Tribe. UPDATE (11/10/17) Briefs: Appellant’s Brief Appellant’s Reply Brief Appellee’s Brief-LaRose Appellee’s Brief-Newfield Appellee’s Brief-Ute Indian Tribe Joinder in Brief Response to Supplemental Authority-Appellee 1 Response to Supplemental Authority-Appellee 2 Supplemental … Continue reading

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Federal Court Rejects Effort to Enforce Settlement Agreement in Tribal Court

Here are the materials in Enerplus Resources (USA) Corporation v. Wilkinson (D.N.D.): 78 Motion for Summary J 84 Response 85 Reply 91 DCT Order An excerpt: Given the forum selection clauses in the Settlement Agreement, the ORRI Assignment, and the Division … Continue reading

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