Tag Archives: tribal court jurisdiction

Fletcher on Statutory Divestiture of Tribal Sovereignty

“Statutory Divestiture of Tribal Sovereignty” is now available on SSRN, here. Forthcoming in the Federal Lawyer, April 2017. The abstract: The Supreme Court’s non-decision in Dollar General v. Mississippi Band of Choctaw Indians is evidence not only of disagreement on … Continue reading

Posted in Author: Matthew L.M. Fletcher, Scholarship, Supreme Court, tribal courts | Tagged , , , | Leave a comment

North Dakota SCT Awards Attorney Fees to Defendants in Indian Country Tort Claim Brought in State Court

Here is the opinion in Tillich v. Bruce. An excerpt: Don Bruce, Vinier Davis, and Linda Davis (“Defendants”) appeal from a judgment granting their motion to dismiss and denying their request for attorney fees. We reverse the district court’s denial … Continue reading

Posted in Author: Matthew L.M. Fletcher, Research, tribal courts | Tagged , , , | 1 Comment

Pro Se Complaint Challenging Saginaw Chippewa Tribal Court Jurisdiction

Here is the complaint in Avery v. Henry (E.D. Mich.): Complaint

Posted in Author: Matthew L.M. Fletcher, Michigan Indian, Research, tribal courts | Tagged , , , | Leave a comment

Judith Royster on Treaty Rights and Tribal Civil Jurisdiction

Judith Royster has posted “Revisiting Montana: Indian Treaty Rights and Tribal Authority Over Nonmembers on Trust Lands,” published in the Arizona Law Review. PDF SSRN Here is the abstract: In a series of cases beginning with its 1981 decision in … Continue reading

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SCOTUS Holds Dollar General v. Mississippi Choctaw

Here is today’s order list. The Dollar General v. Mississippi Band of Choctaw Indians cert petition was scheduled for the Court’s Conference last Friday. The Court took no action on the petition. That could mean many things or nothing. It … Continue reading

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Federal Court Dismisses Town of Browning v. Sharp, States Town Has Tribal Court Remedy

Here are the materials in Town of Browning v. Sharp (D. Mont.): 71 Sharp 12b1 Motion to Dismiss 73 Sharp 12b6 Motion to Dismiss 75 Sharp 12b7 Motion to Dismiss 95 Town Response to 71 96 Town Response to 73 … Continue reading

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

ICWA/PL-280 Case out of Idaho Supreme Court

Here. Difficult case involving extreme domestic violence, a step-parent adoption, tribal court orders, state court orders, and interpretation of exclusive tribal jurisdiction under ICWA and PL-280. The challenge to state jurisdiction was brought by bio-father whose parental rights were terminated, which … Continue reading

Posted in Author: Kate E. Fort, Child Welfare, ICWA, tribal courts | Tagged , , , , | Leave a comment

New Scholarship on Tribal Court Jurisdiction in Alaska

The Alaska Law Review has published “Advancing Tribal Court Jurisdiction in Alaska.” Here is the abstract: Extensive case law already exists in Alaska on the jurisdiction of tribal courts over domestic relations cases, with one of the seminal cases—John v. … Continue reading

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Federal Court Rules Insurance Dispute May Proceed in Tribal Court

Here are the materials in Amerind Risk Management Co. v. Blackfeet Housing (D. N.M.): 18 Blackfeet Motion to Dismiss 23 Response 34 Reply 36 DCT Order An excerpt: THIS MATTER comes before the Court upon a Motion to Dismiss for … Continue reading

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Federal Court Decides Matter Involving ERISA and Tribal Court Jurisdiction

Here are the materials in Life Insurance Company of North America v. Hudson Insurance Company (E.D. Okla.): 16 Motion to Dismiss 18 Response 19 Reply 20 DCT Order An excerpt: LINA argues that tribal exhaustion does not apply to an ERISA … Continue reading

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