indianz.com your internet resource indianz.com on facebook indianz.com on twitter indianz.com on Google+
ph: 202 630 8439   fax: 202 318 2182
Kill The Tobacco Master Settlement Agreement
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:
Cobell settlement checks landing in Indian Country mailboxes (9/18)
Peter d'Errico: Connecting mascots to racism and termination (9/18)
Opinion: Eliminating NFL team's racist mascot is just the start (9/18)
Native Sun News: Cheyenne River Sioux Tribe honors veterans (9/17)
Mark Trahant: Is independence in the future for tribal nations? (9/17)
Audio: SCIA takes up bill to bar Tohono O'odham Nation casino (9/17)
House approves bill to address tribal general welfare programs (9/17)
House Natural Resources Committee sets markup on tribal bills (9/17)
House subcommittee to hold hearing on bill for Hualapai Tribe (9/17)
9th Circuit takes up Big Lagoon Rancheria gaming land dispute (9/17)
House passes bill to shield Gun Lake Tribe casino from litigation (9/17)
Andre Cramblit: Enjoying life at Dartmouth as a Native student (9/17)
Dina Gilio-Whitaker: Tribes need to lead climate change reform (9/17)
Sarah Deer wins genius grant for work to protect Native women (9/17)
Tex Hall loses bid for another term as chair of North Dakota tribe (9/17)
Group starts dragging of river in search of missing Native women (9/17)
Appeal filed over Navajo language ability of presidential hopeful (9/17)
Trial delayed for leader of Muscogee Nation accused in theft case (9/17)
Editorial: Pass bill to extend federal recognition to Virginia tribes (9/17)
NLRB reaffirms jurisdiction over Little River Band gaming facility (9/17)
Chumash Tribe to use labor unions for all work on casino project (9/17)
Student arrested over theft at Saginaw Chippewa Tribe's casino (9/17)
Native Sun News: Homeless students find support in Rapid City (9/16)
Checks from final payment of Cobell settlement put in the mail (9/16)
DOI offers $9.4M for Cobell buy-backs on Umatilla Reservation (9/16)
House takes up bill to address tribal general welfare programs (9/16)
Tribal leaders headed to Capitol Hill to push legislative priorities (9/16)
NMAI hosts symposium on treaties to coincide with new exhibit (9/16)
Witnesses: Hearing on bill to bar Tohono O'odham Nation casino (9/16)
Rival tribes spend $13M to block Tohono O'odham Nation casino (9/16)
Mark Charles: Trail of Tears sign points to much deeper problem (9/16)
Donna Ennis: Don't let ethnic imposters take away our identity (9/16)
Serial killer sentenced to life term for murder of Native woman (9/16)
Civil rights complaint filed over repeated denial of honor song (9/16)
Sen. Cantwell to introduce bill to end NFL's tax-exempt status (9/16)
House backs package to transfer federal land to Te-Moak Tribe (9/16)
Fort Belknap Tribe detained state game warden for trespassing (9/16)
Mohegan Tribe to open first Smashburger location in December (9/16)
Police in Ontario investigate letter that threatens Native people (9/16)
Urban Indian population grows in Brazil's poorest neighborhoods (9/16)
Indian family in Washington continues bid for casino on allotment (9/16)
Saginaw Chippewa Tribe challenges NLRB jurisdiction over casino (9/16)
Mohegan Tribe loses bid for commercial casino in Massachusetts (9/16)
Connecticut tribes see another decline in slot machine revenues (9/16)
Tim Giago: Standing tall for Native American Day in South Dakota (9/15)
Native Sun News: Northern Cheyenne man beaten by BIA officer (9/15)
Mark Trahant: Ten reasons why every Native person should vote (9/15)
Jay Daniels: Still waiting on that final Cobell settlement payment (9/15)
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.