No. 21-1340

Lynn D. Becker v. Ute Indian Tribe of the Uintah and Ouray Reservation, et al.

Lower Court: Tenth Circuit
Docketed: 2022-04-11
Status: Denied
Type: Paid
Experienced Counsel
Tags: civil-procedure contractual-consent federal-jurisdiction state-jurisdiction tribal-exhaustion tribal-sovereignty
Key Terms:
Arbitration Privacy JusticiabilityDoctri
Latest Conference: 2022-09-28
Question Presented (AI Summary)

Whether a federal court may force a non-consenting, non-Indian plaintiff to exhaust his claims in tribal court

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Whether a federal court may force a non-consenting, non-Indian plaintiff to exhaust his claims in tribal court when the defendant tribe has expressly consented by contract to federal or state court jurisdiction and waived both sovereign immunity and tribal exhaustion. 2. Whether a state court may adjudicate a contractual dispute between a tribe and a non-Indian where the tribe has provided specific contractual consent to state court jurisdiction; or instead, whether the Constitution or laws of the United States prohibit such exercises of state court jurisdiction unless the State has assumed general civil jurisdiction over tribal territory under Sections 1322 and 1326 of Title 25.

Docket Entries

2022-10-03
Petition DENIED. Justice Gorsuch took no part in the consideration or decision of this petition.
2022-06-29
DISTRIBUTED for Conference of 9/28/2022.
2022-06-28
Reply of petitioner Lynn D. Becker filed. (Distributed)
2022-06-10
Brief of respondents Ute Indian Tribe of the Uintah and Ouray Reservation, et al. in opposition filed.
2022-04-28
Motion to extend the time to file a response is granted and the time is extended to and including June 10, 2022.
2022-04-27
Motion to extend the time to file a response from May 11, 2022 to June 10, 2022, submitted to The Clerk.
2022-04-06
Petition for a writ of certiorari filed. (Response due May 11, 2022)

Attorneys

Lynn D. Becker
John Savage MoranMcGuireWoods LLP, Petitioner
John Savage MoranMcGuireWoods LLP, Petitioner
Ute Indian Tribe of the Uintah and Ouray Reservation, et al.
Frances Clare BassettPatterson Earnhart Real Bird & Wilson LLP, Respondent
Frances Clare BassettPatterson Earnhart Real Bird & Wilson LLP, Respondent