Tag Archives: tribal court exhaustion doctrine

Federal Court Finds Tribal Court Exhaustion Futile, Grants ICRA Habeas Petition

Here are the materials in Toya v. Toledo (D.N.M.): 10 Amended Habeas Petition 13 Answer 16 Reply 18 Magistrate Report 19 DCT Order Adopting Magistrate Report Prior post here.

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Tenth Circuit Hands Ute Tribe a Pair of Jurisdictional Victories in Dispute with Former Contractor

Here are the materials in Ute Indian Tribe v. Lawrence: Opinion Opening Brief Lawrence Answer Brief Becker Answer Brief Reply Here are the materials in Becker v. Ute Indian Tribe: Opinion Opening Brief Lawrence Answer Brief Becker Answer Brief Reply … Continue reading

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Eighth Circuit Enjoins Pursuit of Tribal Remedies in Minerals Royalties Dispute

Here is the opinion in Enerplus Resources (USA) Corporation v. Wilkinson. Materials here.

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Federal Court Orders Mushroom Company to Keep Exhausting Tribal Remedies

Here are the materials in Rincon Mushroom Corporation of America v. Mazzetti (S.D. Cal.): 83-1 Motion to Reopen 84 Response 91 Reply 92-1 Second Motion to Reopen 93 Response 94 Reply 95 DCT Order Prior posts here.

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Tenth Circuit Orders Exhaustion of Tribal Remedies over Trespass Claim Involving Nonmember Police Officers

Here is the opinion in Norton v. Ute Indian Tribe. An excerpt: We conclude that the district court erred in excusing the officers from exhaustion of tribal remedies with respect to the Tribe’s trespass claim, which alleges that the officers … Continue reading

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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.

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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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