News & Analysis as of

Jurisdiction Supreme Court of the United States Tribal Lands

McAfee & Taft

Gavel to Gavel: Officers working on tribal land may be immune to claims

McAfee & Taft on

The actual authority of certain law enforcement officers is sometimes unclear in today’s climate. The most obvious example in the news today is the authority and identity of Immigration and Customs Enforcement (“ICE”) agents...more

Snell & Wilmer

Lexington Insurance Company v. Suquamish Tribe: A Landmark Case on Tribal Jurisdiction, Signifying a Pivotal Moment in Legal...

Snell & Wilmer on

The case of Lexington Insurance Company v. Suquamish Tribe has emerged as a pivotal legal battle concerning the extent of tribal jurisdiction over nonmembers. This case, which has reached the Supreme Court, challenges the...more

Brownstein Hyatt Farber Schreck

An ‘Ahistorical and Mistaken Statement of Indian Law’

U.S. SUPREME COURT RULING DEALS BLOW TO TRIBAL SOVEREIGNTY - In stunning disregard of over 200 years of precedent (dating back to the 1823 landmark case Worcester v. Georgia), on June 29, 2022, via Oklahoma v....more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Oklahoma v. Castro-Huerta

On June 29, 2022, the U.S. Supreme Court decided Oklahoma v. Castro-Huerta, No. 21-429, holding that the State of Oklahoma has concurrent jurisdiction to prosecute crimes committed by non-Indians against Indians in Indian...more

Dorsey & Whitney LLP

The Supreme Court - June 29, 2022

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Oklahoma v. Castro-Huerta, No. 21-429: This case involves whether a State has authority to prosecute non-Indians who commit crimes against Indians in “Indian country.” The defendant was convicted in Oklahoma state court of...more

Dorsey & Whitney LLP

The Supreme Court - January 21, 2022

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Oklahoma v. Victor Manuel Castro-Huerta, No. 21-429: This case presents the following question: Whether a State has authority to prosecute non-Indians who commit crimes against Indians in “Indian country.”...more

Kilpatrick

Unanimous Supreme Court Confirms and Expands Tribal Government Powers

Kilpatrick on

The United States Supreme Court held unanimously in United States v. Cooley, 593 U.S. ___ (2021), that Indian tribes possess inherent authority to detain temporarily and to search non-Indian persons traveling on public...more

Hicks Johnson

McGirt Update: Tax, Environmental, and Energy Implications

Hicks Johnson on

Three months on from the Supreme Court’s decision in McGirt v. Oklahoma, the fallout is becoming increasingly clear in Oklahoma. On July 9, 2020, the Supreme Court issued its opinion in McGirt, ruling that most of the eastern...more

Dorsey & Whitney LLP

The Supreme Court - February 27, 2018

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Merit Management Group, LP v. FTI Consulting, Inc., No. 16-784: Prior to filing for Chapter 11 Bankruptcy, Valley View Downs, which sought to operate a racetrack casino in Pennsylvania, transferred $55 million to its...more

Dorsey & Whitney LLP

The Law on Tribal Court Jurisdiction over Non-Members Stands with Supreme Court’s Tied Vote in Dollar General Corp. v. Mississippi...

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John Doe, a teenage member of the Mississippi Band of Choctaw Indians, was working as an intern at a Dollar General store on the Tribe’s Reservation when he was sexually molested by the manager of the store. Doe sued Dollar...more

Littler

The Sixth Circuit Extends the NLRA's Reach to Tribal-Owned Casinos

Littler on

The extent of the National Labor Relations Act's application to tribal-owned and operated enterprises on reservations is an open question in many circuits. Recently, two Sixth Circuit decisions resolved the question in favor...more

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