FMC Corporation v. Shoshone-Bannock Tribes
Brief for Amici Curiae Retail Litigation Center, Inc.
- Court: Supreme Court (cert – CVSG’ed 6/29/20)
- Issue: Tribal Court Jurisdiction
- Status: Pending
Whether the U.S. Court of Appeals for the 9th Circuit correctly holds that tribal jurisdiction over nonmembers is established whenever an exception under Montana v. United States is met, or whether, as the U.S. Courts of Appeals for the 7th and 8th Circuits have held, a court must also determine that the exercise of such jurisdiction stems from the tribe’s inherent authority to set conditions on entry, preserve tribal self-government or control internal relations; and (2) whether the 9th Circuit has construed the Montana exceptions to swallow the general rule that tribes lack jurisdiction over nonmembers.
The RLC brief explains how the conflict in circuit court decisions regarding the proper scope of tribal immunity and the uncertainty the conflict creates prevents retailers from performing operations that are desired and essential to both tribal members and businesses.
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