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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.