No. 19-1143
FMC Corporation v. Shoshone-Bannock Tribes
Tags: civil-rights due-process eighth-circuit federal-indian-law inherent-authority jurisdiction jurisdictional-limits montana-exceptions ninth-circuit-interpretation nonmember-regulation seventh-circuit tribal-jurisdiction tribal-jurisdiction-over-nonmembers tribal-self-government tribal-sovereignty
Key Terms:
Environmental SocialSecurity DueProcess Privacy JusticiabilityDoctri
Environmental SocialSecurity DueProcess Privacy JusticiabilityDoctri
Latest Conference:
2021-01-08
(distributed 2 times)
Question Presented (from Petition)
1. Whether the Ninth Circuit correctly holds that tribal jurisdiction over nonmembers is established whenever a Montana exception is met, or whether, as the Seventh and Eighth Circuits have held, a court must also determine that the exercise of such jurisdiction stems from the tribe's inherent authority to set conditions on entry, preserve tribal self-government, or control internal relations.
2. Whether the Ninth Circuit has construed the Montana exceptions to swallow the general rule that tribes lack jurisdiction over nonmembers.
Question Presented (AI Summary)
Whether the Ninth Circuit correctly holds that tribal jurisdiction over nonmembers is established whenever a Montana exception is met
Docket Entries
2021-01-11
Petition DENIED.
2020-12-23
DISTRIBUTED for Conference of 1/8/2021.
2020-12-23
Supplemental brief of petitioner FMC Corporation filed. (Distributed)
2020-12-09
Brief amicus curiae of United States filed.
2020-06-29
The Solicitor General is invited to file a brief in this case expressing the views of the United States.
2020-06-09
DISTRIBUTED for Conference of 6/25/2020.
2020-06-09
Reply of petitioner FMC Corporation filed. (Distributed)
2020-05-20
Brief of respondent Shoshone-Bannock Tribes in opposition filed.
2020-04-17
Brief amici curiae of The Chamber of Commerce of the United States of America, et al. filed.
2020-04-17
Brief amicus curiae of Retail Litigation Center, Inc. filed.
2020-04-06
Motion to extend the time to file a response is granted and the time is extended to and including May 20, 2020.
2020-04-03
Motion to extend the time to file a response from April 17, 2020 to May 20, 2020, submitted to The Clerk.
2020-03-16
Petition for a writ of certiorari filed. (Response due April 17, 2020)
Attorneys
FMC Corporation
Gregory George Garre — Latham & Watkins LLP, Petitioner
Retail Litigation Center, Inc.
Laura Kathleen McNally — Loeb & Loeb, LLP, Amicus
Shoshone-Bannock Tribes
Neal Kumar Katyal — Hogan Lovells US LLP, Respondent
The Chamber of Commerce of the United States of America, Power County Development Authority, and Bannock Development Corporation
Jeffrey Heath Wood — Baker Botts L.L.P., Amicus
United States
Jeffrey B. Wall — Acting Solicitor General, Amicus