Articles Posted in Native American Law

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The Tribe filed suit against the United States and others alleging, inter alia, violations of the Administrative Procedures Act (APA), 5 U.S.C. 500 et seq., and federal common law. The Tribe claimed that the Government breached its fiduciary duties under federal law to protect the land and natural resources subject to the aboriginal title of the Tribe. The court affirmed the district court's dismissal of the suit for lack of subject-matter jurisdiction because the Tribe failed to allege "agency action" sufficient to meet the requirements of the sovereign immunity waiver in section 702, which is necessary to maintain its claims against the federal government and its agencies.View "Alabama-Coushatta Tribe of TX v. United States, et al." on Justia Law

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Dolgencorp, operator of a Dollar General store on the Choctaw reservation, filed suit seeking to enjoin John Doe and the tribal defendants from adjudicating tort claims against Dolgencorp in the Choctaw tribal court. The underlying tort claims stemmed from Doe's suit alleging that a manager sexually molested him while he was working at the Dollar General store. The court affirmed the district court's denial of Dolgencorp's motion for summary judgment and grant of summary judgment in favor of the tribal defendants because Dolgencorp's consensual relationship with Doe gave rise to tribal court jurisdiction over Doe's claims under Montana v. United States. View "Dolgencorp, Inc., et al. v. MS Band of Choctaw Indians, et al." on Justia Law