This just in from the Minneapolis law firm of Lindquist & Vennum:
The U.S. Supreme Court has agreed to hear a case challenging the extent of tribal court jurisdiction over non-tribal members. Paul A. Banker and Robert V. Atmore of Lindquist & Vennum PLLP, who petitioned the high court on behalf of their client, Plains Commerce Bank of South Dakota, argue that the Cheyenne River Sioux Tribal Court lacked subject-matter jurisdiction to adjudicate civil claims between tribal members and Plains Commerce Bank, which is not affiliated with the tribe.
The bank is seeking reversal of the 8th U.S. Circuit Court of Appeals’ decision in Plains Commerce Bank v. Long Family Land & Cattle Company Inc, which held that the tribal court had jurisdiction over the bank.
Showing posts with label Indian law. Show all posts
Showing posts with label Indian law. Show all posts
Wednesday, April 9, 2008
Tuesday, August 14, 2007
Anti-Injunction Act used by federal court in family law case
Speaking of the Anti-Injunction Act (as I do in my post above), a federal court in Maryland has granted injunctive relief in a case that should be of interest to family law attorneys here in a Canada-bordering state with many Indian reservations.
Our sister publication, The Maryland Daily Record, reports on a case where an Indian mother, a resident of Kahnawake Mohawk Territory in Quebec, obtained custody of her son through a federal court order. The parents and the child were on a vacation to the Indian Country and the parents decided to remain. After the parents separated, the boy's grandmother took the child to New York State. After two years of litigation in U.S., Canadian and Indian courts, the mother was awarded custody.
The father later sued for custody in state court in New York, but the federal court enjoined the suit under the Anti-Injunction Act. The mother's attorney, Stephen J. Cullen of Maryland, said it was the first time a federal court ever enjoined a state family court action.
Of course, an appeal is expected.
Our sister publication, The Maryland Daily Record, reports on a case where an Indian mother, a resident of Kahnawake Mohawk Territory in Quebec, obtained custody of her son through a federal court order. The parents and the child were on a vacation to the Indian Country and the parents decided to remain. After the parents separated, the boy's grandmother took the child to New York State. After two years of litigation in U.S., Canadian and Indian courts, the mother was awarded custody.
The father later sued for custody in state court in New York, but the federal court enjoined the suit under the Anti-Injunction Act. The mother's attorney, Stephen J. Cullen of Maryland, said it was the first time a federal court ever enjoined a state family court action.
Of course, an appeal is expected.
Subscribe to:
Posts (Atom)
