Justia Native American Law Opinion SummariesArticles Posted in Wyoming Supreme Court
Northern Arapaho Tribe v. Baldwin, Crocker & Rudd, P.C.
The Supreme Court reversed in part and affirmed in part the judgment of the district court in favor of Baldwin, Crocker & Rudd, P.C. and Kelly Rudd (collectively, BCR) in this action brought by the Northern Arapaho Tribe and the Wind River Hotel & Casino (collectively, the Tribe), holding that the district court's order imposing sanctions on the Tribe was erroneous.The Tribe brought this action seeking injunctions for the return of tribal funds and documents, an accounting, and damages for conversion and civil theft. The district court granted summary judgment for BCR on the accounting and injunctions claims and, after a jury trial, entered final judgment on the conversion and civil theft claim. The Tribe appealed, arguing, among other things, that the district court erred by awarding sanctions under Wyo. R. Civ. P. 11. The Supreme Court reversed in part, holding that (1) the district court erred in imposing sanctions because BCR failed to comply with the procedural requirements of Rule 11; (2) the district court did not err when it granted summary judgment for BCR on the Tribe's accounting claim; and (3) the Tribe failed to show the verdict would have been more favorable if racially charged evidence had not been admitted. View "Northern Arapaho Tribe v. Baldwin, Crocker & Rudd, P.C." on Justia Law
Mitchell v. Preston
In this dispute over custody of a child, the Supreme Court affirmed the decision of the district court granting Mother's motion to strike Father's motion for an order relinquishing permanent child custody jurisdiction to the tribal court, holding that the district court properly concluded that it retained exclusive continuing jurisdiction to make permanent custody determinations regarding the child.The district court granted Mother primary custody of the parties' child. Father, a member of the Cheyenne River Sioux Tribe, kept the child on the South Dakota reservation and refused to relinquish custody to Mother. Father sought orders from the district court and the trial court transferring jurisdiction over the custody matter to the tribal court. The tribal court dismissed the petition for lack of jurisdiction because the custody action was pending in the district court and Mother was not a tribal matter. In the district court, Father argued that the tribal court acquired jurisdiction over the custody matter by issuing emergency child custody and/or protection orders. The district court granted Mother's motion to strike Father's motion. The Supreme Court affirmed, holding that the district court properly concluded that it retained exclusive continuing jurisdiction to make permanent custody determinations regarding the child. View "Mitchell v. Preston" on Justia Law