Tag Archives: tribal court exhaustion doctrine

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 , , , ,

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

Here are the materials in Nguyen v. Gustafson (D. Minn.): 6 Motion for PI 25 Response 28 Reply 29 DCT Order The plaintiff in this case is also the plaintiff in Americans for Tribal Court Equality v. Piper.

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

Harvey v. Ute Indian Tribe Cert Petition

Here: Harvey v. Ute et al. Petition Questions presented: 1.Whether the tribal remedies exhaustion doctrine, which requires federal courts to stay cases challenging tribal jurisdiction until the parties have exhausted parallel tribal court proceedings, applies to state courts as well. 2.Whether the … Continue reading

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

SCOTUS Denies Cert in ICWA and Tribal Jurisdiction Matters

Here is today’s order list. The Court denied cert in Renteria v. Superior Court & Norton v. Ute Indian Tribe.

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

Federal Court Stays Becker v. Ute to Await Tribal Court Rulings

Here are the materials in Becker v. Ute Indian Tribe of the Uintah and Ouray Reservation (D. Utah): 70 Becker Motion for PI 73 Ute Motion for Summary Judgment [preemption] 74 Ute Motion for Summary Judgment [illegality] 75 Ute Emergency Motion … Continue reading

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

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

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

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

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

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

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

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