· 1/18/2008
Atwood v. Fort Peck Tribal Court Assiniboine
Citations
- 513 F.3d 943
- 2008 U.S. App. LEXIS 1045
- 2008 WL 161347
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the domestic relations exception does not apply in non‐diversity cases
- holding the domestic relations exception does not apply in cases over which a court has federal question jurisdiction
- noting that exhaustion of tribal court remedies in a custody dispute was not excused because “[a]lthough the rights of non-member Plaintiff are affected, it is not clear that that fact alone would strip the Tribal Court of jurisdiction”
- “We hold that the ‘domestic relations exception’ . . . applies only to the diversity jurisdiction statute, 28 U.S.C. § 1332 . . . .”
- the domestic relations exception applies only to the diversity jurisdiction statute, not cases based on federal question jurisdiction
- concerning exhaustion of tribal court remedies
Source: CourtListener parenthetical corpus (CC0).
Judges: Canby, Graber, Gould
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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