Iron Bear test (Montana) · Go Syfert
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Iron Bear test in Montana

6 Montana opinions name it 1 courts 1979–2010 0 in the last five years

The cases below were cited by Montana courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

CaseFollowedCited
Application of Bertelsongreen
mont · 1980 · cited in 1 Montana opinions naming this issue, 1998–1998
2 sentences

1998See Bertelson, 189 Mont. 524 , 617 P.2d 121 (involving an Indian child custody dispute between Indian paternal grandparents who resided on a reservation with the child and a non-Indian mother). ¶52 In Bertelson , we implicitly applied the Iron Bear test, but held that because the mother was not an Indian and apparently did not reside on the reservation, and because the child’s custody involved significant events off the reservation, the Williams-type infringement test did not apply and there was nothing to prevent the district court’s exercise of jurisdiction.

1998See Bertelson, 189 Mont. 524 , 617 P.2d 121 (involving an Indian child custody dispute between Indian paternal grandparents who resided on a reservation with the child and a non-Indian mother). ¶52 In Bertelson , we implicitly applied the Iron Bear test, but held that because the mother was not an Indian and apparently did not reside on the reservation, and because the child’s custody involved significant events off the reservation, the Williams-type infringement test did not apply and there was nothing to prevent the district court’s exercise of jurisdiction.

11
Geiger v. Piercegreen
mont · 1988 · cited in 1 Montana opinions naming this issue, 1998–1998
2 sentences

1998See Geiger, 233 Mont. at 21 , 758 P.2d at 281 ; Security State Bank v. Pierre (1973), 162 Mont. 298, 305 , 511 P.2d 325, 329-30 .

1998See Geiger, 233 Mont. at 21 , 758 P.2d at 281 ; Security State Bank v. Pierre (1973), 162 Mont. 298, 305 , 511 P.2d 325, 329-30 .

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Montana. Read the followed side critically anyway.

Also cited on this issue (5)

CaseCitedYears
Three Affiliated Tribes of the Fort Berthold Reservation v. Wold Engineering, P. C. green
scotus · 1986
2 sentences

2010Three Affiliated Tribes, 476 U.S. at 886 , 106 S. Ct. at 2311 . ¶15 Further, none of the Iron Bear factors would preclude Diane Morigeau from bringing her lawsuit in the courts of the State of Montana.

2010Three Affiliated Tribes, 476 U.S. at 886 , 106 S. Ct. at 2311 . ¶15 Further, none of the Iron Bear factors would preclude Diane Morigeau from bringing her lawsuit in the courts of the State of Montana.

12010–2010
First v. State ex rel. Laroche green
mont · 1991
2 sentences

2001LaRoche (1991), 247 Mont. 465, 471 , 808 P.2d 467, 470 ). ¶25 In following the Iron Bear test, the District Court correctly observed that, pursuant to U.S. Supreme Court case law, if either of the first two prongs under the three-part test are established, the state lacks subject matter jurisdiction.

2001LaRoche (1991), 247 Mont. 465, 471 , 808 P.2d 467, 470 ). ¶25 In following the Iron Bear test, the District Court correctly observed that, pursuant to U.S. Supreme Court case law, if either of the first two prongs under the three-part test are established, the state lacks subject matter jurisdiction.

12001–2001
Security State Bank v. Pierre green
mont · 1973
2 sentences

1998See Geiger, 233 Mont. at 21 , 758 P.2d at 281 ; Security State Bank v. Pierre (1973), 162 Mont. 298, 305 , 511 P.2d 325, 329-30 .

1998See Geiger, 233 Mont. at 21 , 758 P.2d at 281 ; Security State Bank v. Pierre (1973), 162 Mont. 298, 305 , 511 P.2d 325, 329-30 .

11998–1998
Milbank Mutual Insurance v. Eagleman green
mont · 1985
2 sentences

1988Co. v. Eagleman (Mont. 1985), [ 218 Mont. 58 ,] 705 P.2d 1117 , 42 St.Rep. 1393 (the first two elements of the Iron Bear test are disjunctive; if either is present, the state lacks subject matter jurisdiction.) Generally civil jurisdiction over commercial activities presumptively lies in the tribal courts unless affirmatively limited by a specific treaty, provision or federal statute.

1988Co. v. Eagleman (Mont. 1985), [ 218 Mont. 58 ,] 705 P.2d 1117 , 42 St.Rep. 1393 (the first two elements of the Iron Bear test are disjunctive; if either is present, the state lacks subject matter jurisdiction.) Generally civil jurisdiction over commercial activities presumptively lies in the tribal courts unless affirmatively limited by a specific treaty, provision or federal statute.

11988–1988
Fisher v. District Court of the Sixteenth Judicial District of Montana green
scotus · 1976
2 sentences

1979With respect to the second Iron Bear test, it is true that the assumption of either criminal or civil jurisdiction by the state of *200 matters arising within the exterior boundaries of the Flathead Indian Reservation constitutes an interference with the powers of self-government conferred upon the tribes, see Fisher v. District Court (1976), 424 U.S. 382, 387 , 96 S.Ct. 943 , 47 L.Ed.2d 106 .

1979With respect to the second Iron Bear test, it is true that the assumption of either criminal or civil jurisdiction by the state of *200 matters arising within the exterior boundaries of the Flathead Indian Reservation constitutes an interference with the powers of self-government conferred upon the tribes, see Fisher v. District Court (1976), 424 U.S. 382, 387 , 96 S.Ct. 943 , 47 L.Ed.2d 106 .

11979–1979

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