222020P.pdf   07/03/2023  WPX Energy Williston, LLC  v.  Hon. B.J. Jones
   U.S. Court of Appeals Case No:  22-2020
                          and No:  22-2025
   U.S. District Court for the District of North Dakota - Western   
   [PUBLISHED] [Colloton, Author, with Benton and Kelly, Circuit Judges] 
   Civil case - Tribal Courts. In obtaining consent from the landowners 
   before applying for right-of-way access to individually-owned Indian land, 
   WPX negotiated side letter agreements with the landowners banning worker 
   smoking on the land and agreeing to pay $5,000 for each violation; the 
   landowners sued WPX in Tribal Court, alleging WPX had violated the side 
   letter agreements by permitting smoking; the Tribal Court denied WPX's 
   motion to dismiss the action for lack of jurisdiction, and WPX appealed to 
   the Tribal Supreme Court; before a ruling was issued, WPX filed this 
   action in federal court seeking a declaration that the Tribal Court lacked 
   jurisdiction over the landowners' suit and enjoining further proceedings 
   in Tribal Court; the district court concluded WPX had exhausted its tribal 
   court remedies and enjoined the suit. The Tribal Court judge and the 
   Tribal Court appeal. Held, the matter was not final in tribal court 
   because an appeal was pending and WPX must exhaust its tribal court 
   remedies before proceeding with an action in federal court. The injunction 
   is vacated, and the case is remanded with directions to dismiss the 
   complaint without prejudice for failure to exhaust tribal court remedies.