your internet resource on facebook on twitter on Google+ on soundcloud
phone: 202 630 8439
The University of Tulsa College of Law - Master's in Indian Law
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:
On Facebook

On Twitter

On Google+

On SoundCloud
Local Links:
Federal Register | Indian Gaming | Jobs & Notices | In The Hoop | Message Board
Latest News:
Twenty-Nine Palms Band disputes 'Trump, You're Fired' story (10/21)
Native Sun News Today: Ping-pong continues in #NoDAPL case (10/21)
Lakota Country Times: 'Reel Jobs' school nurtures Lakota talent (10/21)
James Giago Davies: Drugs and crime overrun our reservations (10/21)
Dana Lone Hill: Becoming a grandmother is life's highest honor (10/21)
Misty Perkins: Indigenous voices are lost in colonial translation (10/21)
John Leguizamo: Who was 'mistreating indigenous people' first? (10/21)
National Indian Gaming Commission refutes online gaming claim (10/21)
Alaska tribes enter new era with first land-into-trust application (10/20)
Native leaders in Alaska endorse Hillary Clinton in historic move (10/20)
Bureau of Indian Affairs finishes update to model juvenile code (10/20)
Utah group aims to elevate Native issues in an unusual election (10/20)
Chemehuevi Tribe secures approval of HEARTH Act regulations (10/20)
Poarch Band of Creek Indians can't be sued for firing employee (10/20)
Native Sun News Today: Oglala veteran shot and killed by police (10/20)
Lakota Country Times: Founders of annual Spiritual Run honored (10/20)
Ivan Star Comes Out: Education system diminishes our people (10/20)
Brandon Ecoffey: It's business as usual for South Dakota's GOP (10/20)
Morgan Rodman: Federal agencies work to protect treaty rights (10/20)
Mary Annette Pember: First baby born at water protector camp (10/20)
Duane Yazzie: Spirituality prevails as #NoDAPL fight continues (10/20)
Standing Rock Sioux Tribe opens reservation to #NoDAPL camp (10/20)
Haskell University confirms president is still under investigation (10/20)
Agua Caliente Band back in federal court to defend water rights (10/20)
Saginaw Chippewa Tribe removes members amid per cap woes (10/20)
Ho-Chunk Nation moves forward with $33M expansion at casino (10/20)
Cowlitz Tribe announces more executives for fast-rising casino (10/20)
Wilton Rancheria continues to make progress on casino project (10/20)
Agency shifts course as ancient remains slated for repatriation (10/19)
Navajo Nation opposes bill that reduces share of trust revenues (10/19)
Doug George-Kanentiio: A voice for residential school survivors (10/19)
Native Sun News Today: LNI hosts girls volleyball tournament (10/19)
Lakota Country Times: Oglala Sioux Tribe voters send message (10/19)
Editorial: Republicans in South Dakota embrace Monster Trump (10/19)
Vi Waln: Water protector camps overflow with spiritual energy (10/19)
Mary Annette Pember: Teaching a new generation of protectors (10/19)
Harold Monteau: Don't shoot messenger for tribal sovereignty (10/19)
Bureau of Indian Affairs looks into 'sacred' items kept in boxes (10/19)
Ute Tribe goes to war against 'modern day Indian land grab' bill (10/19)
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.