Trenton Indian Housing Authority v. Poitra
Citations
- 973 N.W.2d 419
- 2022 ND 87
Syllabus
This Court adopts the two-part review articulated by the United States Supreme Court in Alaska v. Native Village of Venetie Tribal Government, 522 U.S. 520 (1998) to determine whether land is a dependent Indian community and therefore Indian country. The party challenging the state district court's jurisdiction has the burden to prove the district court lacks jurisdiction. A contractual provision, in itself, cannot establish subject matter jurisdiction with the tribal court.
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that plaintiff had shown for purposes of surviving summary judgment injuries from violation of c. 176D, section 3(9)(f) in the forms of being forced to litigate to receive benefits and emotional distress resulting from unpaid medical bills
- finding that plaintiff demonstrated injuries from Chapter 176D violations in the form of being forced to litigate to receive benefits and emotional distress due to unpaid medical bills
- notwithstanding insurer’s payment of benefits after insured’s filing of claim alleging violation of G. L. c. 90, § 34M, insured showed, “for purposes of surviving summary judgment [on G. L. c. 93A, § 9, claim], an ascertainable loss caused by [insurer’s] dilatory conduct”
- summary judgment on §34M claim proper because bills were paid even where question of fact remained on c. 93A claim as to whether payment was unreasonably delayed
- plaintiffs are “not required to show a quantifiable amount of actual damages” as long as they show that they “suffered some loss caused by the defendant’s allegedly unlawful conduct”
Source: CourtListener parenthetical corpus (CC0).
Judges: Jensen, Jon J.
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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