Supreme Court won't be hearing non-Indian business dispute

Tuesday, January 17, 2012  

The U.S. Supreme Court today declined a petition in K2 America Corporation v. Roland Oil & Gas, a case affecting two non-Indian businesses.

K2 America Corporation, a non-Indian business, filed suit against Roland Oil & Gas, another non-Indian business, in federal court. K2 claims John Harper, the non-Indian owner of Roland, stole information about oil and gas development on the Blackfeet Nation in Montana.

Neither the Blackfeet Nation, nor any of its members, are a party to the lawsuit. However, K2 argued that federal court jurisdiction is appropriate because the dispute involves Indian trust land.

After oral argument last March, the 9th Circuit Court of Appeals asked the Blackfeet Nation and the United States to submit briefs in the case. Both the tribe and the Department of Justice argued that federal court jurisdiction was unwarranted.

The 9th Circuit agreed in a decision last August. The court noted that K2 could pursue its claims in Blackfeet Nation court.

"We need not — and do not — reach any other issues raised by the parties, including exhaustion of tribal remedies," the decision stated. "We note, though, that our holding does not preclude K2 from seeking relief in Blackfeet Tribal Court."

K2 asked the Supreme Court to review the decision but the justices, without comment, declined in an order today.

9th Circuit Decision:
K2 America Corporation v. Roland Oil & Gas (August 5, 2011)