Tag Archives: tribal court jurisdiction over nonmembers

Eighth Circuit Briefs in Kodiak Oil & Gas (USA) Inc. v. Seaworth [formerly Burr]

Here: MHA Nation Judicial Officers Brief HRC Brief Lower court materials here.

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

New Scholarship on Tribal Jurisdiction to Protect Native Women and Children

Sarah Deer & Mary Kathryn Nagle have published Return to Worcester:
 Dollar General and the Restoration of Tribal Jurisdiction to Protect Native Women and Children in the Harvard Journal of Law and Gender. An excerpt: The Supreme Court’s recent 4-4 tie-vote in Dollar General Corp. … Continue reading

Posted in Author: Matthew L.M. Fletcher, Scholarship, Supreme Court | Tagged , , ,

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 Judge Refuses to Sanction Attorney for Repeatedly Disparaging Tribal Court

Here are the relevant materials in Becker v. Ute Indian Tribe of the Uintah and Ouray Reservation (D. Utah): 134 becker motion for sanctions 146 tribal parties motion for sanctions 154 dct order denying becker motion for sanctions 155 dct … Continue reading

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

Federal Court Holds Utah State Court Has Jurisdiction over Contract Dispute with Former Ute Tribe Contractor

Here are the materials in Ute Indian Tribe v. Lawrence (D. Utah): 52 motion for partial sj 53 motion for partial sj 54 emergency motion 95 becker opposition to emergency motion 101 reply 136 dct order Tenth Circuit materials here.

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

Kalyn Free Sues Muscogee AG and Tribal Court over Jurisdiction

Here is the complaint in Free v. Dellinger (N.D. Okla.): 2 Complaint UPDATE (5/14/2018): 3 Motion for Preliminary Injunction 9 Tribe Motion to Dismiss 14 Tribal Court Motion to Dismiss 15 Tribal Court Opposition 20 Free Response to 14

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

Eleventh Circuit Dismisses Challenge to Seminole Tribal Court Jurisdiction

Here is the unpublished opinion in Asker v. Seminole Tribe of Florida Inc.: Unpublished Opinion Briefs here.

Posted in Author: Matthew L.M. Fletcher, Research, 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 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 , , , , ,