indianz.com your internet resource indianz.com on facebook indianz.com on twitter indianz.com on Google+
ph: 202 630 8439
Native American Bank - Native people investing in Native communities
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:
President Obama invites Native youth to White House on July 9 (4/27)
Native Sun News: Author brings Lakota heritage to stewardship (4/27)
Lakota Country Times: Cobell scholarship fund being put to use (4/27)
Gabe Galanda: Even Hollywood is taking on tribal disenrollment (4/27)
Steve Russell: Same-sex marriage back before Supreme Court (4/27)
Terese Mailhot: The epidemic of early death on the reservation (4/27)
Jean-Luc Pierite: School makes bad choice with fake headdress (4/27)
Peter d'Errico: Pope fails to address genocide of Native peoples (4/27)
Choctaw Nation citizens slam Vanilla Ice's shaky ancestry claim (4/27)
Youth of Hoopa Valley Tribe speak out against marijuana grows (4/27)
Standing Rock Sioux Tribe might be interested in growing hemp (4/27)
Sparring continues in Wind River Reservation jurisdictional feud (4/27)
Oneida Nation faces questions over land-into-trust acquisitions (4/27)
Opinion: Deadline approaches in Alaska land-into-trust dispute (4/27)
Editorial: States need help dealing with newly recognized tribes (4/27)
Last defendant to be sentenced for Choctaw Nation casino fraud (4/27)
Senate Indian Affairs Committee sets hearing on labor measure (4/27)
Senate panel takes up bill to halt Tohono O'odham Nation casino (4/27)
Tiny Alturas Rancheria runs casino but can't agree on much else (4/27)
Dennis Whittlesey: Texas tribes are pawns in much larger game (4/27)
White House to host first-ever Native youth conference on July 9 (4/24)
Native Sun News: Northern Cheyenne Tribe fires casino manager (4/24)
Lakota Country Times: Timothy Standing Soldier passes on at 54 (4/24)
Mark Trahant: Invest in our Native youth for long-term success (4/24)
James Giago Davies: True believerism and comic book solutions (4/24)
Brandon Ecoffey: Oglala Sioux Tribe must act on legal marijuana (4/24)
Ed Rice: Cleveland team comes up with excuse for racist mascot (4/24)
White House Blog: Recognizing tribal Climate Action Champions (4/24)
House subcommittee looks at poor conditions at Indian schools (4/24)
Navajo actress was put in darker makeup for Adam Sandler film (4/24)
Eastern Cherokee group plans lawsuit over tribal council raises (4/24)
Column: Commission takes on truth and reconciliation in Maine (4/24)
Senate votes to confirm Loretta Lynch as next attorney general (4/24)
ICT interview with confirmed NIGC Chairman Jonodev Chaudhuri (4/24)
Dave Palermo: Tribes in California assert right to Internet poker (4/24)
Pokagon Band casino remains a concern for Indiana lawmakers (4/24)
Pojoaque Pueblo places casino manager on administrative leave (4/24)
White Earth Nation promotes tribal members in casino positions (4/24)
Native Sun News: Oglala Sioux student vies for Miss Indian World (4/23)
Lakota Country Times: Tribal citizens named to education board (4/23)
Ivan Star: Struggling with the warrior heritage in Indian Country (4/23)
Dana Lone Elk: Lakota people still carry on fight of Crazy Horse (4/23)
Senate Indian Affairs Committee passes bill to renew NAHASDA (4/23)
BIA faces fire over latest reforms to federal recognition process (4/23)
Opinion: First Lady brings truth with remarks about Native youth (4/23)
Incoming leader of Navajo Nation stresses importance of youth (4/23)
Native actors storm off set of Adam Sandler film in New Mexico (4/23)
Marijuana seen as new frontier in tribal economic development (4/23)
Senate approves anti-trafficking measure with tribal provisions (4/23)
Interview with Gyasi Ross about spoken word release Isskootsik (4/23)
Blackfeet Nation launches campaign to ban drilling at sacred site (4/23)
Cherokee Nation celebrates births of first calves from bison herd (4/23)
Burns Paiute Tribe investigates fire that destroyed two bulidings (4/23)
Kaibab Paiute Tribe welcomes designation as 1st dark sky nation (4/23)
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.