2018 Tribal Courts Cases
Last updated: April 17, 2018
Next Update Should be Ready by: May 1, 2018
Parks v. Taylor
2018 WL 1724169
Tulalip Tribal Court of Appeals.
March 14, 2018
Legal Topics: Guardianship - Domestic Violence Protection Order
*Synopsis: Former tribal employee, who had been Manager of Strategic Investments for Cherokee Nation Businesses (CNB), sought review of decision of the Employee Appeals Review Panel (EARP) which upheld his termination for violation of CNB's Corporate Policies & Procedures and Standards of Conduct. The District Court, Cripps, J., affirmed. Employee appealed.
*Holdings: The Supreme Court of the Cherokee Nation, Lynn Burris, J., held that employee's actions rose to level of moral turpitude contemplated by statute governing termination for cause of employees of the Cherokee Nation.
*Synopsis: Employee brought action challenging her termination. Following employer's motion to reconsider earlier ruling, the District Court of the Cherokee Nation, CV–2014–293, Bart Fite, J., granted motion and upheld termination. Employee appealed.
*Holdings: The Cherokee Nation Supreme Court, Mark L. Dobbins, J., held that termination of employee for violation of substance abuse and drug testing policy was warranted.
*Synopsis: Claimant sought disability benefits for work related injury. Following arbitration, the District Court of the Cherokee Nation, CV–12–212, Bart Fite, J., determined that employer had an absolute right to select claimant's treating physician after arbitrator found the claim compensable and she was in need of medical treating. Claimant appealed.
*Holdings: The Supreme Court of the Cherokee Nation, Mark L. Dobbins, J., held that employer was permitted to choose claimant's treating physician after arbitrator found disability claim compensable..
Weeks v. Combs
14 Am. Tribal Law 16
NO. AP #730
Fort Peck Court of Appeals.
March 27, 2017
Legal Topics: Child Custody
*Synopsis: Following decision of the Ho–Chunk Nation Trial Court which affirmed decision of the Grievance Review Board (GRB), notice of appeal was filed.
*Holdings: The Supreme Court held that Notice of Appeal failed to include required short statement articulating exactly how Trial Court erred.
Eastern Band of Cherokee Indians v. Lambert
2018 WL 1245999
Cherokee Court of the Eastern Band of Cherokee Indians.
February 8, 2018
Legal Topics: Impeachment
*Synopsis: Tribe challenged decision of Board of Review that reinstated terminated employee of Mashantucket Pequot Fire Department and awarded full pay.
*Holdings: The Mashantucket Pequot Tribal Court, Jean M. Lucasey, J., held that:
1) Board's decision that employee violated policy requiring that a spotter be used when an employee is backing up a fire truck was supported by a reasonable basis;
2) Department substantially complied with its disciplinary policies and procedures;
3) evidence did not support Board's finding that Department inconsistently applied its spotter or disciplinary policies;
4) Department's alleged inconsistent application of its safety guideline did not constitute a “mitigating circumstance”; and
5) Department's decision to terminate employee was appropriate.
Decision overturned; appeal sustained.
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