June 27, 2016

Whether tribal courts have jurisdiction to hear a tort claim against a defendant who is not a tribe member for activities occurring on tribal land.

The Supreme Court has recognized that tribes may exercise civil jurisdiction over non-members in certain circumstances, including when the non-member has entered into a consensual relationship with the tribe.  Our amicus brief argues that the consensual relationship test reflects the notion of fair notice, and that the defendant corporation in this case had fair notice that it might be sued in tribal courts (as both lower courts found).

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