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Lynn D. Becker v. Ute Indian Tribe of the Uintah and Ouray Reservation, et al.
Paid petition · United States Court of Appeals for the Tenth Circuit, No. 18-4030, 18-4072
Before the decision, modestly above the 4.1% base rate. The model weighted this up for a circuit split argued in the petition and a Tenth Circuit decision below.
Questions presented
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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.
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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.
Counsel of record
For petitioner
John Savage Moran
McGuireWoods LLP
For respondent
Frances Clare Bassett
Patterson Earnhart Real Bird & Wilson LLP
Case
Conference history
Distributed for 1 conference
Proceedings
- Oct 03 2022Petition DENIED. Justice Gorsuch took no part in the consideration or decision of this petition.
- Jun 29 2022DISTRIBUTED for Conference of 9/28/2022.
- Jun 28 2022Reply of petitioner Lynn D. Becker filed. (Distributed)
- Jun 10 2022Brief of respondents Ute Indian Tribe of the Uintah and Ouray Reservation, et al. in opposition filed.
- Apr 28 2022Motion to extend the time to file a response is granted and the time is extended to and including June 10, 2022.
- Apr 27 2022Motion to extend the time to file a response from May 11, 2022 to June 10, 2022, submitted to The Clerk.
- Apr 06 2022Petition for a writ of certiorari filed. (Response due May 11, 2022)