indianz.com your internet resource indianz.com on facebook indianz.com on twitter indianz.com on Google+
ph: 202 630 8439
Dynamic Homes
Advertise on Indianz.Com
Home > News > Headlines
Print   Subscribe
9th Circuit vacates tribal jurisdiction ruling
Friday, February 2, 2007
Filed Under: Law

In a reversal, the 9th Circuit Court of Appeals on Thursday vacated an earlier ruling that said the Navajo Nation lacked jurisdiction to hear a lawsuit involving Ford Motor Company.

The 9th Circuit said it wasn't clear that the matter couldn't be heard in tribal court. So a three-judge panel stayed action until Ford exhausts all of its tribal remedies, including appellate review.

The case arose over the death of Esther Todecheene, a tribal member and tribal police officer. She was killed while patrolling the reservation in a Ford Expedition.

Todecheene's parents sued Ford in tribal court, claiming the vehicle was defective. But automotive giant challenged the tribe's jurisdiction and asked a federal court to intervene.

In September 2002, U.S. District Judge Paul G. Rosenblatt of Arizona sided with the company. He said Ford, as a non-tribal party, wasn't subject to tribal jurisdiction without consent.

The 9th Circuit agreed in January 2005. But after letting a similar case involving a wrongful death lawsuit on the Flathead Reservation in Montana go forward, the court said the Navajo courts should have a chance to consider whether it has jurisdiction.

"[T]he federal policy supporting tribal self-government directs a federal court to stay its hand in order to give the tribal court a full opportunity to determine its own jurisdiction," a three-judge panel wrote, citing U.S. Supreme Court precedent.

Get the Order:
Ford Motor Company v. Todecheene (February 1, 2007)

Vacated Decision:
Ford Motor Company v. Todecheene (Janaury 11, 2005)

Related Stories:
Appeals court upholds tribal jurisdiction after rehearing (01/11)
Appeals court to rehear tribal jurisdiction case (06/08)
Appeals court rules against tribal jurisdiction (08/09)
Tribal authority over all Indians still unsettled question (06/23)
Supreme Court affirms tribal powers over all Indians (04/20)
Tribal court can't hear tribal cop case (11/1)
Appeals court won't recognize tribal authority (10/15)
Tribes rally in support of sovereignty (10/8)
Tribes seek to overturn Supreme Court (2/27)
Inouye challenges tribes on sovereignty (2/26)
Supreme Court bars state officials from tribal suit (6/26)
O'Connor defends tribes amidst squabbling (6/26)
Indian Country cops face setbacks (5/7)
Norton listens to tribal police tragedies (5/3)
BIA Cops: In the Line of Fire (5/2)

Copyright © Indianz.Com
More headlines...
Stay Connected:

Local Links:
Federal Register | Indian Gaming | Jobs & Notices | In The Hoop | Message Board
Latest News:
Wrapup from National Congress of American Indians DC meeting (2/27)
Native Sun News: Rapid City leader calls for tax on alcohol sales (2/27)
Mark Trahant: Beautiful trend emerges with power of Native vote (2/27)
Ivan Star: Lakota traditional history tells the true untold stories (2/27)
Audio: House Appropriations Committee hearing on BIA budget (2/27)
Senate Indian Affairs Committee to hold hearing on irrigation bill (2/27)
National Indian Gaming Commission choice gets another hearing (2/27)
Kevin Abourezk: Omaha language advocate passes on at age 58 (2/27)
Gyasi Ross: Yawna Allen shares her Native and African ancestry (2/27)
Frank Hopper: Alaska Native Brotherhood was about resistance (2/27)
Stanley Heller: Don't forget the Sand Creek Massacre in Colorado (2/27)
Cherokee Nation chief faces at least four challengers in election (2/27)
BIA and DOJ seek to mediate Cayuga Nation leadership dispute (2/27)
Non-Indians guilty for hunting incidents on Montana reservation (2/27)
Man from Te-Moak Tribe pleads guilty to voluntary manslaughter (2/27)
Administrator for Alaska tribe cuts her position out of the budget (2/27)
Opinion: Find common ground on Indian mascots in Connecticut (2/27)
Hannahville Indian Community starts $8M casino expansion work (2/27)
Wilton Rancheria still waiting for BIA movement on casino project (2/27)
Lytton Band paid $4.6M to use land as parking for Class II facility (2/27)
Opinion: Menominee Nation might turn to tokers instead of poker (2/27)
Opinion: Poarch Creeks come with slot machines and marijuana (2/27)
Updates from National Congress of American Indians meet in DC (2/26)
Native Sun News: Rosebud Sioux Tribe leader sidelined by council (2/26)
James Giago Davies: Native activism must embrace all relations (2/26)
Donna Ennis: Obama budget supports tribal self-determination (2/26)
Rich Winter: Let's keep Lakota Nation Invitational in Rapid City (2/26)
Oglala Sioux Tribe wants Lakota Nation Invitational out of Rapid (2/26)
Former Sisseton Wahpeton chairman joins marijuana company (2/26)
Hoopa Valley Tribe places marijuana referendum on April ballot (2/26)
Blog: Firm saves billions by exploiting Native 'loophole' at FCC (2/26)
Klamath Tribes aid investigation into stolen artifacts in Oregon (2/26)
Alaska Native community still waiting on funding for relocation (2/26)
Alaska Native lawmaker in hospital after emergency at capitol (2/26)
Elise Patkotak: Alaska must acknowledge high rate of violence (2/26)
Mishewal Wappo Tribe waits for decision in recognition lawsuit (2/26)
Muscogee Nation seeks 5000 workers for big casino expansion (2/26)
Little River Band expects wait for $180M off-reservation casino (2/26)
Northern Arapaho Tribe plans to open casino food court in May (2/26)
Cherokee Nation promotes citizen to manager of $80M casino (2/26)
Tribes share nearly $16M in casino revenues with New Mexico (2/26)
Connecticut tribes face threat from casinos in Massachusetts (2/26)
Updates from National Congress of American Indians meeting (2/25)
Native Sun News: Artist Del Iron Cloud wins top award at show (2/25)
Witness List: Senate Indian Affairs Committee budget hearing (2/25)
Steve Russell: Cherokees learned discrimination from colonists (2/25)
Mary Pember: Tlingit masks appraised on 'Antiques Roadshow' (2/25)
Julianne Jennings: Keep talking about race in American history (2/25)
Bill to create day to honor late Elouise Cobell stalls in Montana (2/25)
Washington tribes head to trial in dispute over fishing grounds (2/25)
Mobile dental clinic takes service to Navajo Nation communities (2/25)
Shingle Springs Band gun range draws questions from neighbors (2/25)
NCPR: St. Regis Mohawk Tribe continues land claim negotiations (2/25)
Opinion: Oklahoma attempts to rewrite role of Whites in history (2/25)
more headlines...

Home | Arts & Entertainment | Business | Canada | Cobell Lawsuit | Education | Environment | Federal Recognition | Federal Register | Forum | Health | Humor | Indian Gaming | Indian Trust | Jack Abramoff Scandal | Jobs & Notices | Law | National | News | Opinion | Politics | Sports | Technology | World

Indianz.Com Terms of Service | Indianz.Com Privacy Policy
About Indianz.Com | Advertise on Indianz.Com

Indianz.Com is a product of Noble Savage Media, LLC and Ho-Chunk, Inc.