Appellant Brief - Turtle Talk

JURISDICTIONAL STATEMENT
This appeal is from the United States District Court for the District of
Minnesota, which properly took jurisdiction under 28 U.S.C. § 1331 because a
tribal court’s determination of its own jurisdiction is a question of federal law.
Duncan Energy Co. v. Three Affiliated Tribes of the Ft. Berthold Reservation, 27
F.3d 1294, 1300 (8th Cir. 1994). The District Court entered a final judgment on all
claims on January 31, 2007. Addendum (“A##”) 16-17. Defendant filed a timely
notice of appeal on March 2, 2007. This Court therefore has jurisdiction under 28
U.S.C. § 1291.
STATEMENT OF THE ISSUES
1. Whether the District Court erred in its interpretation of Strate v. A-1
Contractors, 520 U.S. 438 (1997), including the District Court’s conclusion
that “[i]f the federal government has granted any kind of a right-of-way over
reservation land, the tribal court may not exercise jurisdiction over claims
against nonmembers arising out of automobile accidents that occur on that
land, unless one of the Montana exceptions applies,” where evidence
submitted to the court (and additional evidence that might have been
submitted had the court permitted Rule 56(f) discovery) showed that history
of any right-of-way was consistent with the exercise of civil jurisdiction by
the Tribal Court over a nonmember in an action involving a member.
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