Document Type

Article

Publication Date

4-15-2003

Abstract

  • A Tribal Court jury found unanimously Defendant breached its contract with Plaintiff and committed other wrongs such as defamation. A verdict of $2,157,181.60 was awarded. This judgement was appealed, and affirmed by the Blackfeet Appellate Court. Plaintiffs also obtained an Order of Summary Judgment against Federal Rural Electric Insurance Cooperative and Defendants ordering insurance coverage.  

  • Co-op's insurance carrier did not pay the judgment, they then appealed, and the Appeals Court held that the Judgment could not be enforced off the reservation, but enforceable on reservation. Plaintiffs sought to have the judgment be examined for meaning on reservation so they could be paid. The Co-op refused to honor the judgment, claiming it was unfair, too much time has passed, and there were expensive and lengthy delays with their appeal. 

  • The Blackfeet Court of Appeals in this case holds that the Tribal Court Judgment is valid and enforceable. The use of time consuming, costly legal challenges is not a reason for refusing to compensate, nor is the Court Order “invalid” on the Blackfeet reservation just because it is outside of it. 

  • The Tribal Court possessed and appropriately exercised jurisdiction, Glacier Electric was afforded due process of law in the Tribal Court because they got a jury trial, an exhaustive appeal, were represented by attorneys with experience in Blackfeet Tribal Court, and Glacier Electric conceded that the Blackfeet Tribal Court had both subject matter and in personam jurisdiction over the matter. 

  • The Appeals Court reaffirms that the passage of time is not an excuse for non-compliance with a Tribal Court Judgement. The Court Order is UPHELD, and the Plaintiffs were allowed to enforce their judgment from the assets on the reservation of the Defendant and its insurance carrier. 

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