Tag Archives: tribal court exhaustion doctrine

Federal Court Dismisses Effort to Appeal Shakopee Tribal Court Marriage Dissolution/Child Custody Order

Here are the new materials in Nguyen v. Gustafson (D. Minn.): 35 Tribal Motion to Dismiss 39 Defendant Motion to Dismiss 41 Plaintiff Opposition 43 Gustafson Reply 44 Tribal Reply 47 DCT Order Granting Motion to Dismiss Prior post here.

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

Federal Court Accepts Cherokee Nation’s Voluntary Dismissal of Tribal Court Opioid Case

Here are the materials in McKesson Corp. v. Hembree (N.D. Okla.): 139 Hembree Motion to Dismiss 141 Opposition 145 Reply 146 DCT Order Prior post here.

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

Federal Court Holds Nonmember Exhausted Tribal Remedies when Tribal Appellate Court Decided Jurisdiction Issues, but Not Merits

Here are the materials in Big Horn County Elec. Coop. v. Big Man (D. Mont.): 1 Complaint 1-4 Absolooke Appeals Court Opinion Part 1 1-5 Absolooke Appeals Court Opinion Part 2 1-7 Crow Tribal Court Opinion 1-9 Motion for Summary Judgment … Continue reading

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

Federal Court Orders Tribal Exhaustion in Title VII Case against Tribal Entity

Here are the materials in Romero v. Wounded Knee LLC (D.S.D.): 56 Motion to Dismiss 59 Motion to Strike 62 Response to 59 63 Reply in Support of 59 67 Response to 56 68 Reply in Support of 56 77 Plaintiff’s … Continue reading

Posted in Author: Matthew L.M. Fletcher, Research, sovereign immunity, tribal courts | Tagged , , , ,

Eighth Circuit Briefs in Kodiak Oil & Gas (USA) Inc. v. Seaworth [formerly Burr]

Here: MHA Nation Judicial Officers Brief HRC Brief Lower court materials here.

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

Federal Court Allows Civil RICO Suit to Proceed against Crow Nation-Owned Health Facility

Here are the materials in Wilhite v. Awe Kualawaache Care Center (D. Mont.): 13 Motion to Dismiss 15 Response 17 Reply 18 DCT Order

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

Updates in Free v. Dellinger

On July 25, 2018, the Northern District of Oklahoma granted motions to dismiss Free v. Dellinger, a dispute about gaming activities on land the Muscogee (Creek) Nation owns, for failure to exhaust tribal remedies. Please see below: 32 Opinion and … Continue reading

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Federal Court Rejects Tribal Jurisdiction, Orders Arbitration, in Oilfield Equipment Contract Dispute

Here are the materials in Halcon Operating Co. Inc. v. Rez Rock N Water LLC (D.N.D.): 5 Motion for PI 19 Motion to Dismiss 22 Response to 19 23 Reply in Support of 19 29 DCT Order

Posted in Author: Matthew L.M. Fletcher, Research, sovereign immunity, tribal courts | Tagged , , , ,

Federal Court Dismisses Gaming Developer’s State Law Claims against Apache Tribe, Orders Tribal Court Exhaustion in Others

Here are the materials in FSS Development Company LLC v. Apache Tribe of Oklahoma (W.D. Okla.): 21 motion to stay 22 motion to dismiss 25 response 26 reply 31 dct order

Posted in Author: Matthew L.M. Fletcher, IGRA, Indian gaming, Research, sovereign immunity, tribal courts | Tagged , , , , ,

Federal Court Excuses Additional Tribal Court Exhaustion in Oil/Gas Flaring Dispute at Fort Berthold

Here are the materials in Kodiak Oil & Gas (USA) Inc. v. Burr (D.N.D.): 29-2 mha trial court opinion 29-9 mha nation supreme court opinion 30 kodiak motion for pi 45 tribal judge motion to dismiss 46 burr response to … Continue reading

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