2018 Tribal Courts Cases

Last updated: April 17, 2018

Next Update Should be Ready by:
May 1, 2018

Parks v. Taylor
2018 WL 1724169
NO. TUL-CV-AP-2017-0199
Tulalip Tribal Court of Appeals.
March 14, 2018

Legal Topics: Guardianship - Domestic Violence Protection Order

Schmitz v. Cherokee Nation Businesses, LLC
2018 WL 1193213
SC-2016-19
Supreme Court of the Cherokee Nation.
January 31, 2018

*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.
Affirmed.

Byrd v. Cherokee Nation Businesses, LCC
2018 WL 1219217
No. SC-16-18
Supreme Court of the Cherokee Nation.
January 10, 2018

*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.
Affirmed.

Arnold v. Cherokee Nation Entertainment
2017 WL 8180613
No. SC-2016-11
Supreme Court of the Cherokee Nation.
October 10, 2017

*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..
Affirmed.

Weeks v. Combs
14 Am. Tribal Law 16 
NO. AP #730
Fort Peck Court of Appeals.
March 27, 2017

Legal Topics: Child Custody

Josellis v. Field
14 Am. Tribal Law 17
No. SU 16–06.
Ho–Chunk Nation Supreme Court.
January 23, 2017

*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.
Appeal denied.


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February

Eastern Band of Cherokee Indians v. Lambert
2018 WL 1245999
CSC-17-03/CSC-17-04
Cherokee Court of the Eastern Band of Cherokee Indians.
February 8, 2018

Legal Topics: Impeachment

Mashantucket Pequot Tribal Nation v. Guertin
6 Mash.Rep. 279
MPTC-CV-AA-2017-113
Mashantucket Pequot Tribal Court.
February 6, 2018

*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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