Tag Archives: tribal court exhaustion doctrine
Here are the materials in Wilhite v. Awe Kualawaache Care Center (D. Mont.): 13 Motion to Dismiss 15 Response 17 Reply 18 DCT Order
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 →
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
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
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 →
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.
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 →
Here is today’s order list. The Court denied cert in Renteria v. Superior Court & Norton v. Ute Indian Tribe.
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 →
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 →