2018 Tribal Courts Cases

Last updated: August 16, 2018

Next Update Should be Ready by:
August 23, 2018

Gilliland v. Cherokee Nation
2018 WL 3854159 
NO.: SC-17-08
Supreme Court of the Cherokee Nation.
August 13, 2018

Legal Topics: Criminal Jurisdiction

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December

 

November

 

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September

 

August

 

July

Gabriel v. Colville Business Council
2018 WL 3462459
No. AP18-003
Colville Tribal Court of Appeals.
June 27, 2018

Legal Topics: Tribal Government - Expulsion of Council Member

 

June

 

May

McClellan v. Grand Traverse Band Election Board and Petoskey
NO. 2018-2904-CV-CV
Grand Traverse Band Tribal Court
May 21, 2018

Legal Topics: Tribal Elections

 

April

Petoskey and Robert v. Grand Traverse Band Election Board
NO. 2018-2919-CV-EL
Grand Traverse Band Tribal Court
April 24, 2018

Legal Topics: Tribal Elections

 

March

People of the Sault Ste. Marie Tribe of Chippewa Indians v. Sorrell
NO. BR 17-01
Sault STE. Marie Chippewa Tribal Court
March 23, 2018

Legal Topics: Exclusion Order

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

People of the Sault Ste. Marie Tribe of Chippewa Indians v. Nickaboine
NO. BR 17-02
Sault STE. Marie Chippewa Tribal Court
March 2, 2018

Legal Topics: Exclusion Order

 

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.

 

January

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.

Spurr v. Spurr
NO. 17-046-PPO/ND
Supreme Court for the Nottawaseppi Huron Band of the Potawatomi
January 25, 2018

Legal Topics: Harassment - Individual Protection Order

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.

 

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