10 results for 'cat:"Native Americans" AND cat:"Contract"'.
J. Bacon finds the 10th Circuit's previous decisions terminated the jurisdiction shifting component of the New Mexico Tribal Gaming Compact and prevented further actions, including the underlying personal injury claim against a tribal casino at issue here, from being transferred to state court. The court entered a final judgment that triggered the termination clause in the contract and, therefore, the lower court will be instructed to dismiss the case upon remand. Reversed.
Court: New Mexico Supreme Court, Judge: Bacon, Filed On: January 16, 2024, Case #: S-1-SC-39169, Categories: native Americans, Jurisdiction, contract
J. Morris finds in favor of the native tribe in a dispute with a company that was leased Indian trust land to operate a campground near Glacier National Park. The campground operator eventually made a series of late payments, prompting a dispute with the native tribe as to whether the operator violated its lease and questions regarding what responsibility the U.S. Department of Interior Bureau of Indian Affairs (BIA) had in the matter, given that they oversaw the lease agreement. While it is true that the campground operator had a history of delinquency in its ability to make full payments on time with the proper interest, the "incompetence of the BIA" must also be made clear. The BIA gave far too much leeway to the operator despite a long history of late payments, allowing the operator to use the ground even after the lease was seemingly cancelled. This further resulted in the native tribe missing out on years of free use of their land.
Court: USDC Montana, Judge: Morris, Filed On: December 8, 2023, Case #: 4:22cv93, NOS: Rent Lease & Ejectment - Real Property, Categories: native Americans, contract
J. Piersol grants a nonprofit organization's motion to dismiss counterclaims stemming from an underlying complaint in which an individual attempted to rent a room at a hotel in June 2020, and the individual began to argue with a hotel employee for allegedly requiring a damage deposit. An individual then made social media posts stating that she would "not allow a Native American to enter our business," because she could not tell "who is a bad Native or a good Native." The nonprofit filed the lawsuit alleging interference with contract on the basis of race. As part of a counterclaim, the hotel alleged that the nonprofit "intentionally interfered with business relations, and have trespassed onto Defendants' property by projecting light images, entered the property without permission, intimidated hotel guests, and vandalized the property." All five counterclaims are dismissed.
Court: USDC South Dakota, Judge: Piersol, Filed On: December 7, 2023, Case #: 5:22cv5027, NOS: Other Civil Rights - Civil Rights, Categories: native Americans, contract
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J. Fenn finds that the lower court properly ruled in favor of a law firm after a native tribe and a casino sued it for return of documents and funds after a falling out with the firm. While the lower court improperly imposed sanctions on the tribe following their suit, the merits of the claims were correctly found to be in favor of the firm. The tribe did not have standing to bring accounting claims, could not show that they had an adequate remedy under the law, and did not prove that the trial verdict against them would have been any different had "racially charged evidence" during proceedings not been admitted. Affirmed in part.
Court: Wyoming Supreme Court, Judge: Fenn, Filed On: October 24, 2023, Case #: S-22-0265, Categories: native Americans, contract
J. Patricco grants the Shoshone-Bannock Tribes and the Fort Hall Business Council's motion to remand this breach of contract action to the Shoshone-Bannock Tribal Court for the Fort Hall Reservation. The case concerns "a casino expansion project within the boundaries of the Fort Hall Reservation," and the parties' agreement for construction management services placed exclusive jurisdiction in the Shoshone-Bannock Tribal Court. The court concludes that the case was "improvidently removed," because the removal statute is inapplicable, as the case was initiated in tribal court. Furthermore, the removal was untimely, and remand is proper "under the tribal exhaustion doctrine."
Court: USDC Idaho, Judge: Patricco, Filed On: July 24, 2023, Case #: 4:23cv160, NOS: Other Contract - Contract, Categories: native Americans, Jurisdiction, contract