your internet resource on facebook on twitter on Google+ on soundcloud
phone: 202 630 8439
Health Coverage for American Indians and Alaska Natives
Advertise on Indianz.Com
Home > News > Headlines
Print   Subscribe
Patrick Sullivan: 'Inherent' tribal court jurisdiction still up in the air

Filed Under: Law | Opinion
More on: cherokee, jurisdiction, mbci, patrick sullivan, supreme court, tribal courts

Native women rallied at the U.S. Supreme Court on December 7, 2015, as the justices heard Dollar General Corporation v. Mississippi Band of Choctaw Indians, a tribal jurisdiction case. Photo by Indianz.Com / More on Flickr

Last year, the U.S. Supreme Court famously deadlocked on a closely-watched tribal jurisdiction case, leaving open some big questions about the inherent authority of tribal judicial systems. Attorney Patrick Sullivan looks at the landscape in light of a new lawsuit filed by the Cherokee Nation against the pharmaceutical industry:
State, county and city governments are responding to the opiate crisis by suing the national manufacturers and distributors of these dangerous drugs. For the first time, an Indian tribe has sued prescription drug wholesalers and retailers in tribal court for damages related to addiction. On April 20, 2017, the Cherokee Nation filed a complaint in the District Court of the Cherokee Nation against the drug wholesalers and retailers that operate on the Cherokee reservation in Oklahoma. The lawsuit names national pharmaceutical distributors including McKesson, Wal-Mart, Walgreens and CVS and again raises the question of tribal court tort jurisdiction over non-Indians conducting business on Indian reservations.

That issue was recently addressed by an equally divided United States Supreme Court in Dollar General Corporation v. Mississippi Band of Choctaw Indians. The stalemate decision let stand a Fifth Circuit ruling upholding a tribal court’s jurisdiction over a national retailer. Now, the same issue is once again very much in play in Cherokee Nation of Oklahoma v. McKesson Corp. et al. With a full panel, Neil Gorsuch will be the tiebreaker if this dispute reaches the Court.

In Dollar General, John Doe, a 13 year old tribal member alleged that he was sexually harassed and assaulted by Dale Townsend, an employee of Dollar General. Doe was working in an unpaid internship at the national discount retailer. The store in question was on trust land within the reservation of the Mississippi Band of Choctaw Indians. Doe sued Townsend and Dollar General in the Choctaw Tribal Court for money damages for his subsequent trauma and depression and alleged that Dollar General, through its negligent hiring of Townsend, was vicariously liable for his injuries.

Read More on the Story:
Patrick Sullivan: Will Inherent Tribal Court Authority Over Non-Members Survive Dollar General? (Sullivan Legal Counsel Blog 4/26)

Related Stories:
Cherokee Nation blames pharmaceutical industry for opioid crisis (April 20, 2017)
Tribes rest easy as Supreme Court wraps up a surprising session (June 24, 2016)
Matthew Fletcher: A 'huge win' for Mississippi Choctaw court system (June 23, 2016)
Supreme Court deadlocks in closely-watched tribal jurisdiction case (June 23, 2016)
Anti-Indian figure appears in segment on tribal court jurisdiction (June 21, 2016)
Supreme Court enters final stretch of historic yet unusual term (June 20, 2016)
Supreme Court still holding onto ruling in tribal jurisdiction case (June 16, 2016)

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:
Trump administration ready to let Cobell program run out of funds (5/24)
Northwest tribes slam Trump's budget for cuts to Indian programs (5/24)
Cheyenne River Sioux Tribe finds one bright spot in Trump's budget (5/24)
Pascua Yaqui Tribe reports jury conviction of non-Indian offender (5/24)
YES! Magazine: Native birthing center maintains tribal traditions (5/24)
Peter d'Errico: Founding Fathers conspired to take land from tribes (5/24)
Eastern Cherokee chief questions fairness of impeachment hearing (5/24)
Another guilty plea in theft of gaming funds from Winnebago Tribe (5/24)
Tribes clear legislative hurdle in bid for new casino in Connecticut (5/24)
President Trump confirms Indian Country's worst fears with budget (5/23)
Office of Special Trustee pitches lower budget as 'taxpayer' savings (5/23)
Steven Newcomb: Monuments to white supremacy harm our people (5/23)
Two more spills of oil from Dakota Access Pipeline in North Dakota (5/23)
Native woman in skirt and sandals wins ultramarathon in Mexico (5/23)
Brothers from Huichol Tribe murdered as drug war rages in Mexico (5/23)
Iowa Tribe misses deadline again to launch internet poker project (5/23)
Mississippi Choctaw citizens request vote on $25M casino project (5/23)
Aquinnah Wampanoag Tribe must wait to restart work on casino (5/23)
Documents show few meetings between Secretary Zinke and tribes (5/22)
Landowners on 2 reservations in Nebraska receive buy-back offers (5/22)
Human Rights Complaint: 'We are only letting the white people in' (5/22)
Mark Trahant: Funds for Indian health in danger under Republicans (5/22)
Cronkite News: Navajo Nation school works hard to teach language (5/22)
Harlan McKosato: DNA tests can't reveal your unique tribal history (5/22)
Gyasi Ross: Fired FBI director made sure Peltier remained in prison (5/22)
Tiffany Midge: A response to winning the cultural appropriation prize (5/22)
André Cramblit: Treasure your aunties and uncles for their histories (5/22)
Treaty tribes celebrate after court refuses to rehear salmon dispute (5/22)
Eastern Cherokee leaders open impeachment hearing against chief (5/22)
Top Interior pick contradicts Trump on 'race' and Indian programs (5/19)
Arne Vainio: Expressing gratitude for the people we have around us (5/19)
Lawmakers dug deep to help North Dakota with #NoDAPL response (5/19)
Quapaw Tribe secures EPA grant for cleanup of contaminated lands (5/19)
Steven Newcomb: The racist and toxic roots of federal Indian policy (5/19)
Indian Country braces for worst with Trump's planned budget cuts (5/18)
Bipartisan task force announced to look into Indian Health Service (5/18)
Lawmakers push to renew Special Diabetes Program for Indians (5/18)
Albert Bender: Police slaughter of Native people rages unabated (5/18)
Steve Russell: There's a downside to impeaching Donald Trump (5/18)
Flandreau Santee Sioux Tribe cannabis consultant goes on trial (5/18)
Lower Brule Sioux Tribe repays money to address federal audit (5/18)
House passes bill to extend federal recognition to Virginia tribes (5/18)
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.