Indian Tribal Civil Jurisdiction's Reach Over Non-Indians: Plains Commerce Bank v. Long Family Land and Cattle Co., Inc. (CRS Report for Congress)
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| Release Date |
Revised April 9, 2010 |
| Report Number |
RS22820 |
| Report Type |
Report |
| Authors |
Yule Kim, American Law Division |
| Source Agency |
Congressional Research Service |
| Older Revisions |
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Summary:
The Supreme Court recently granted certiorari for Plains Commerce Bankv. Long Family Land and Cattle Co., a case that presents the question of whether Indiantribal courts have jurisdiction over a nonmember involved in a civil tort claim arisingout of a consensual business relationship with a tribal member. In this case, an offreservationbank had allegedly behaved in a discriminatory manner in its businessdealings with tribal members. The tribal members brought an array of tort and contractclaims to the tribal court and won most of them. On appeal to the federal courts, theEighth Circuit held that the tribal court correctly asserted jurisdiction over the offreservationbank because the common law claims arose directly out of the consensualbusiness relationship the bank had with the tribal members. The Supreme Court's rulingis expected to provide some clarification on the authority of tribal courts to hear civilcommon law claims filed against nonmembers who engage in consensual commercialrelationships with either a tribe or its members.
