Tag Archives: tribal court exhaustion doctrine

Federal Court Denies TRO in Matter it Already Dismissed under the Tribal Exhaustion Doctrine

Here are the new materials in Acres v. Blue Lake Rancheria (N.D. Cal.): 53 Motion for TRO 54 DCT Order Denying TRO Prior posts here.

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

Federal Court Again Dismisses Challenge to Blue Lake Rancheria Tribal Court Jurisdiction

Here are the materials in Acres v. Blue Lake Rancheria (N.D. Cal.): 39-blue-lake-motion 41-opposition 48-dct-minute-order 50-dct-order-written An excerpt: Plaintiff James Acres seeks declaratory and injunctive relief against the Blue Lake Rancheria Tribe (“Tribe”), the Blue Lake Rancheria Tribal Court (“Tribal … Continue reading

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Cedarville Rancheria Prevails in Tribal Exhaustion Matter

Here are the materials in Knighton v. Cedarville Rancheria of Northern Paiute Indians (E.D. Cal.): 1 Complaint 10 Motion to Dismiss 14 Opposition 15 Reply 17 DCT Order An excerpt: Plaintiff Duanna Knighton, the former Tribal Administrator for defendant Cedarville … Continue reading

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Federal Court Orders Exhaustion in Claims involving Interpretation of Navajo Insurance Law

Here are the materials in Progressive Advanced Insurance Company v. Worker (D. Ariz.): 11 Motion to Dismiss 15 Response 16 Reply 17 DCT Order An excerpt: The Court determines that the tribal courts of the Navajo Nation have a colorable or … Continue reading

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Federal Court Stays Discovery after Blue Lake Tribal Judge Recuses

Here are the materials in Acres v. Blue Lake Rancheria (N.D. Cal.): 33-motion-to-reconsider 34-response-to-motion-to-reconsider 38-dct-order-granting-motion-for-reconsideration Prior order here.

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Federal Court Rejects ICRA Habeas Effort to Avoid Paying Tribal Court Costs (after a failed election dispute)

Here are the materials in Scudero v. Moran (D. Alaska): 17-motion-to-dismiss 18-response 23-reply 24-second-response 27-second-reply 29-order

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Tribal Remedies Held Exhausted in AMERIND Risk Management Corporation v. Blackfeet Housing

Here are the materials in AMERIND Risk Management Corporation v. Blackfeet Housing (D. N.M.): 12-blackfeet-motion-to-dismiss 17-response 19-reply 20-dct-order

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Federal Court Orders Discovery from Tribal Judge on the Bad Faith Exception to the Tribal Exhaustion Doctrine

Here are the materials in Acres v. Blue Lake Rancheria (N.D. Cal.): 8-motion-to-dismiss 18-opposition 23-reply 22-marston-declaration 30-order The court had previously dismissed a related case, materials here.

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

Federal Court Dismisses Slip and Fall Suit against Casino for Failure to Exhaust Tribal Remedies

Here are the materials in Sullivan v. Harrah’s Operating Company (D.S.C.): 28-1-motion-to-dismiss 34-dct-order

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

Eighth Circuit Materials in Challenge to Tribal Court Jurisdiction over Trust Land Minerals Royalties

Here are the materials in Enerplus Resources (USA) Corporation v. Wilkinson: Appellant Brief Appellee Brief District of North Dakota materials: 4 Enerplus Motion for PI 10 Wilkinson Opposition 10-3 MHA Nation SCT Opinion 19 Enerplus Response 48 DCT Order

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