indianz.com your internet resource indianz.com on facebook indianz.com on twitter indianz.com on Google+ indianz.com on soundcloud
phone: 202 630 8439
The Rise of Tribes and the Fall of Federal Indian Law
Advertise on Indianz.Com
Home > News > Headlines
Print   Subscribe
Supreme Court agrees to hear tribal jurisdiction case
Tuesday, January 8, 2008
Filed Under: Law

After refusing to hear a number of Indian law disputes, the U.S. Supreme Court last Friday accepted a case that tests the limits of tribal jurisdiction.

The case involves a non-Indian bank and an Indian couple from the Cheyenne River Sioux Reservation. Plains Commerce Bank says it doesn't have to answer to a breach of contract and discrimination lawsuit filed in tribal court by Ronnie and Lila Long, who own a cattle operation.

In most situations, that would be true. Tribes, in general, lack jurisdiction over non-Indians except in certain conditions outlined in Montana v. US, a Supreme Court case from 1981.

The 8th Circuit Court of Appeals last June ruled that the conditions were satisfied in the case. The bank established a consensual relationship with the Longs and the bank's conduct can be regulated by the Cheyenne River Sioux Tribe's government, the three-judge panel said in a unanimous ruling.

"Because the bank not only transacted with a corporation of conspicuous tribal character, but also formed concrete commercial relationships with the Indian owners of that corporation, we conclude that it engaged in the kind of consensual relationship contemplated by Montana," Judge Diana E. Murphy wrote for the majority.

The decision marked one of the rare occasions in which a tribal court lawsuit has survived the Montana test. Tribal advocates have noted it is very difficult to meet the Supreme Court's high bar.

The justices will now get a chance to revisit its seminal ruling with the Plains Commerce case. The bank's opening brief is due February 12, with a response from the Longs due a month after that.

The case is being watched closely by the Native American Rights Fund and the National Congress of American Indians. The two organizations, through their joint Supreme Court Project, monitor Indian law litigation in hopes of preventing a repeat of the disastrous 2001 term, when tribal interests lost nearly every case that went before the justices.

Since then, the court has accepted just a handful of Indian law cases. Only two major rulings -- a land-into-trust case involving the Oneida Nation of New York and a taxation dispute between the Prairie Band Potawatomi Nation and the state of Kansas -- have gone against tribal interests.

The Supreme Court has been asked to revisit Montana as recently as 2006. But the justices turned down a case that affected a wrongful death lawsuit on the Flathead Reservation in Montana.

In that case, the 9th Circuit Court of Appeals ruled that the Confederated Salish and Kootenai Tribes could hear the lawsuit even though it was not filed by a tribal member. The 9th Circuit, citing Montana, said tribal interests were directly affected.

As a result of the Salish and Kootenai case, the 9th Circuit last year revived a lawsuit filed by members of the Navajo Nation against Ford Motor Company. The parents of Esther Todecheene, a tribal police officer, allege Ford manufactured a defective vehicle but Ford says the Navajo courts lack jurisdiction to hear the case.

If the Supreme Court upholds the 8th Circuit in the Plains Commerce case, the bank faces a judgment of nearly $900,000 in tribal court.

Relevant Documents:
Docket Sheet: No. 07-411 | Petition | Opposition

Appeals Court Decision:
Plains Commerce Bank v. Long Family Land and Cattle Company (June 26, 2007)

Lower Court Decision:
Plains Commerce Bank v. Long Family Land and Cattle Company (July 18, 2006)

Related Decision:
Smith v. Salish Kootenai College (January 10, 2006)

Relevant Links:
Cheyenne River Sioux Tribe - http://www.sioux.org
Plains Commerce Bank - http://www.plainscommerce.com
NARF-NCAI Tribal Supreme Court Project - http://doc.narf.org/sc/index.html

Related Stories:
Appeals court upholds tribal verdict in bank loan case (6/28)
Navajo jurisdiction dispute back in court (5/10)
9th Circuit vacates tribal jurisdiction ruling (2/2)
Court subjects non-Indian bank to tribal laws (7/20)
Appeals court upholds tribal jurisdiction after rehearing (01/11)
Judge rules in jurisdiction dispute over clinic (11/7)
Federal courts try to decide who is legally Indian (08/24)
Appeals court to rehear tribal jurisdiction case (06/08)
Judge denies tribal jurisdiction over Indian descendant (12/08)
Appeals court rules against tribal jurisdiction (08/09)
Tribal authority over all Indians still unsettled question (06/23)
Supreme Court affirms tribal powers over all Indians (04/20)
Supreme Court hears tribal powers case (01/22)
Supreme Court case on jurisdiction attracts attention (01/08)

Copyright © Indianz.Com
More headlines...
Stay Connected:
On Facebook

On Twitter

On Google+

On SoundCloud
Local Links:
Federal Register | Indian Gaming | Jobs & Notices | In The Hoop | Message Board
Latest News:
Obama administration asks tribes about infrastructure projects (9/23)
House passes measure to combat illegal sale of tribal property (9/23)
Mike Rounds: Righting historical wrongs against Native citizens (9/23)
Indian Health Service names new medical officer in Great Plains (9/23)
Interior Department finalizes rule for Native Hawaiian relations (9/23)
Native Sun News Today: Democrat accepts invitation to debate (9/23)
Jeffrey Whalen: A failed experiment in socialism at Pine Ridge (9/23)
Mary Annette Pember: A young boy's journey to Standing Rock (9/23)
Harlan McKosato: Obama must keep promise to Indian people (9/23)
Dean Suagee: Native input needed to guide future of our parks (9/23)
Another North Dakota tribe battles pipeline company in court (9/23)
Rosebud Sioux Tribe extends Class III gaming compact again (9/23)
Top gaming executive on Navajo Nation put on leave with pay (9/23)
Bill slammed as 'modern day Indian land grab' moves forward (9/22)
Republican lawmaker eagerly defends Dakota Access Pipeline (9/22)
Appeals court in DC sets stage for October 5 #NoDAPL hearing (9/22)
Bureau of Indian Affairs role in #NoDAPL 'task force' in doubt (9/22)
Miami language champion Daryl Baldwin earns 'genius grant' (9/22)
Landowners from Lower Brule Sioux Tribe see $11M in offers (9/22)
Mark Trahant: Politicians can no longer ignore the Native vote (9/22)
Native Sun News Today: Nation rallies to #NoDAPL movement (9/22)
Dave Archambault Sr.: History unfolds on Standing Rock land (9/22)
David Ganje: Standing Rock Sioux Tribe takes stand for water (9/22)
Democracy Now: Sacred Stone Camp founder standing ground (9/22)
Cronkite News: Navajo Nation pushes for cleanup of mine site (9/22)
Harold Monteau: #NoDAPL movement draws a line in the sand (9/22)
Judge restores affidavit option for North Dakota Native voters (9/22)
Editorial: Long overdue federal recognition for Virginia tribes (9/22)
Tohono O'odham Nation seeks sanctions in fight over casino (9/22)
California governor keeps busy with tribal gaming compacts (9/22)
County sheriff leads investigation into #NoDAPL confrontation (9/21)
Federal appeals court sets October 5 hearing in #NoDAPL case (9/21)
Tribes deliver Wisconsin firewood to Standing Rock Sioux Tribe (9/21)
Democrats host forum on Dakota Access Pipeline on Capitol Hill (9/21)
Uncertainty on land-into-trust as Obama era comes to a close (9/21)
more headlines...

Home | Arts & Entertainment | Business | Canada | Cobell Lawsuit | Education | Environment | Federal Recognition | Federal Register | Forum | Health | Humor | Indian Gaming | Indian Trust | Jack Abramoff Scandal | Jobs & Notices | Law | National | News | Opinion | Politics | Sports | Technology | World

Indianz.Com Terms of Service | Indianz.Com Privacy Policy
About Indianz.Com | Advertise on Indianz.Com

Indianz.Com is a product of Noble Savage Media, LLC and Ho-Chunk, Inc.