Kerr-McGee Corp. v. Farley

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that Strate, which interprets Montana, “is not a tribal exhaustion case”
• noting that a tribal court “rarely” loses the opportunity to determine its jurisdiction because of an express jurisdictional prohibition
• considering that tribes retain a core sovereign interest in regulating the health and welfare of tribal members when concluding that the first National Farmers factor weighed in favor of abstention
• observing, “when the dispute is a ‘reservation affair’ there is no discretion not to defer” (internal quotation marks omitted)
• “A substantial showing must be made by the party seeking to invoke [the exception for express jurisdictional prohibitions] to the tribal exhaustion rule.”
• “The tribal exhaustion requirement created by National Farmers is based on comity concerns for Indian tribes in maintaining their remaining sovereignty.”

Source: CourtListener parenthetical corpus (CC0).