DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
092605P.pdf 07/07/2010 Attorney's Process, etc. v. Sac & Fox Tribe, etc.
U.S. Court of Appeals Case No: 09-2605
U.S. District Court for the Northern District of Iowa - Cedar Rapids
[PUBLISHED] [Murphy, Author, with Wollman and Shepherd, Circuit Judges]
Civil case - Indian law. The district court's judgment is affirmed
insofar as it holds that the courts of the Sac and Fox Tribe may exercise
adjudicatory jurisdiction over the Tribe's claims against plaintiff for
trespass to land, trespass to chattels and conversion of tribal trade secrets;
dismissal of plaintiff's claim for an order compelling arbitration affirmed;
however, that portion of the district court's judgment which concluded
that the Tribal Court had jurisdiction over the Tribe's claim for
conversion of tribal funds under the second exception in Montana v.
United States, 450 U.S. 544 (1981), is reversed, and the matter is
remanded to the district court for consideration of the question of whether
tribal court jurisdiction over the claim exists under the first exception set
out in Montana.