Tag Archives: tribal court exhaustion doctrine

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 , , , ,

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 , , , ,

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 , , ,