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Fed. Court Can Hear Tribe’s Suit Against Couple: 9th Circ.

Tiomkin Law Offices of Elliott Tiomkin > Legal News  > Fed. Court Can Hear Tribe’s Suit Against Couple: 9th Circ.

Fed. Court Can Hear Tribe’s Suit Against Couple: 9th Circ.

Law360 (August 12, 2019, 5:07 PM EDT) — Federal courts can decide whether tribal courts’ judgments apply to nonmembers sued by a tribe, the Ninth Circuit said Friday, overturning a lower-court decision.

The panel determined that an Idaho federal district court was wrong to throw out the Coeur D’Alene tribe’s suit seeking to enforce a tribal court order against two nonmembers, Steve W. Hawks and Deanne A. Hawks, for trespassing based on lack of jurisdiction because the limits of tribal authority are a matter of federal law.

“As in previous decisions involving the application of tribal law to nonmembers, we hold that actions seeking to enforce a tribal judgment…

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