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
Dynamic Homes
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:
Supreme Court puts an end to another tribal jurisdiction dispute (6/28)
Native women hail Supreme Court decision on domestic violence (6/28)
Navajo Nation leaders reflect on historic Supreme Court session (6/28)
Lakota Country Times: Runners take 500-mile Black Hills journey (6/28)
Mark Trahant: Navajo Republican drops out of race for Congress (6/28)
Brandon Ecoffey: Oglala Sioux Tribe must update its constitution (6/28)
Editorial: Lakota treaty council supported work at Wounded Knee (6/28)
Alex Jacobs: Our elected leaders do little to address gun violence (6/28)
St. Croix Chippewa Tribe ousts 10 people from rolls amid debate (6/28)
Northern Arapaho Tribe asserts more control over health system (6/28)
Trump rehashes 'Pocahontas' slur as Warren hits road for Clinton (6/28)
Schaghticoke Tribal Nation still fighting for recognition and casino (6/28)
Mashpee Wampanoag Tribe casino foes lose big source of funding (6/28)
Big Sandy Rancheria remains optimistic on plan for second casino (6/28)
Little River Band credited with sharing $30.4M in casino revenues (6/28)
Editorial: Let's leave gaming to tribes and kill Arkansas casino bid (6/28)
Supreme Court deals setback to tribes in labor sovereignty dispute (6/27)
Washington tribes win major fishing rights decision at appeals court (6/27)
Shinnecock Nation hits the end of the line with ancestral land claim (6/27)
Supreme Court won't hear Pauma Band compact negotiation case (6/27)
Witness list for Senate Indian Affairs Committee hearing on 3 bills (6/27)
Lakota Country Times: Teams compete for Indian horse relay title (6/27)
Native Sun News: Rebuilding the Lakota Nation through education (6/27)
Vi Waln: Don't be afraid to come pray with your Lakota relatives (6/27)
Clara Caufield: Out fishing on the Upper Boulder River in Montana (6/27)
Opinion: Supreme Court exposes Indian people to federal powers (6/27)
Anonymous: Fighting back against victimization in Indian Country (6/27)
Michael Sandoval: San Felipe Pueblo respects rights of neighbors (6/27)
Andre Cramblit: Fond memories of growing up with Muhammad Ali (6/27)
Linda Greenhouse: Supreme Court goes silent in high-profile case (6/27)
Partial land-into-trust fix being watched by non-Indian interests (6/27)
Omaha Tribe cooperates with federal investigation into payments (6/27)
Northwest tribes take a stand against oil terminal in Washington (6/27)
Indigenous Digital Archive Project wins grant for online database (6/27)
Donald Trump fares poorly against Hillary Clinton in national poll (6/27)
Senate provision targeted tribes with commercial gaming plans (6/27)
Poarch Creeks in deal to acquire commercial casino in Louisiana (6/27)
Kootenai Tribe hopes to lure Canadian customers back to casino (6/27)
Tribes rest easy as Supreme Court wraps up a surprising session (6/24)
Tribes in northern California take action to protect salmon runs (6/24)
Aaron Payment re-elected as chairman of Sault Ste. Marie Tribe (6/24)
Gun Lake Tribe hosts annual Sweet Grass Moon Powwow in July (6/24)
Native Sun News: First Native hockey referee 'Butchy' passes on (6/24)
Delphine Red Shirt: Lakota people denied voting rights on our land (6/24)
Ruth Hopkins: Saving sacred Bear Butte from a massive biker bar (6/24)
Terese Mailhot: Becoming a better ally after the Orlando shooting (6/24)
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.