Articles Posted in Native American Law

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This case concerned a circuit court's order to transfer to a tribal court a civil suit that was brought against a tribally owned entity by a nonmember of the tribe. The question before the Supreme Court was whether the circuit court erroneously exercised its discretion when it transferred the action to tribal court. At issue was the interpretation and application of Wis. Stat. 801.54, which authorizes the circuit court, in its discretion, to transfer an action to the tribal court and sets forth the conditions for doing so. The court of appeals affirmed. The Supreme Court reversed, holding that because the facts and the applicable law were not fully stated and considered together in making the determinations that the statute requires, the order to transfer was an erroneous exercise of the circuit court's discretion. Remanded. View "Kroner v. Oneida Seven Generations Corp." on Justia Law