Litigation

U.S. Supreme Court agrees to hear tribal jurisdiction dispute

By Rob Roy Smith

For the first time since 2001, the U.S. Supreme Court this term will consider what types of disputes can be heard by Tribal courts.  Earlier this month, the Court agreed to review Plains Commerce Bank v. Long Family Land and Cattle Company, a decision by the Eighth Circuit Court of Appeals.  The Eighth Circuit held that the Cheyenne River Sioux Tribal Court has jurisdiction over a discrimination action by Tribal members against a non-Indian bank doing business on the reservation.  The question presented in the Surpreme Court is "Whether Indian tribal courts have subject matter jurisdiction to adjudicate civil tort claims as an 'other means' of regulating the conduct of a nonmember bank owing fee-land on a reservation that entered into a private commercial agreement with a member owned corporation." 

This case could have a dramatic effect on business relations within Indian Country, particularly if the Court takes the opportunity to address a question left unresolved by its last Tribal jurisdiction case, Nevada v. Hicks, in 2001:  When does an Indian tribe have adjudicatory jurisdiction over nonmember defendants?  The Court's ruling will impact both Indian tribes and those doing business in Indian Country by addressing the ability of non-Indian businesses to be sued under Tribal law in Tribal Court for matters arising out of transactions within Indian Country. 

Full post as published by Northwest Business Litigation Blog on January 21, 2008 (boomark / email).