DISH Network Service L.L.C. v. Laducer, et al., No. 12-2871 (8th Cir. 2013)
Annotate this CaseDefendant, an enrolled member of the Turtle Mountain Band of the Chippewa Indians, entered into a satellite television contract with DISH but used his daughter's credit card to open his account. After defendant stopped making payments, DISH charged the daughter's credit card. The daughter sued DISH in state court but DISH removed to federal court where it filed a third party complaint against defendant. Defendant then filed an abuse of process claim against DISH in tribal court. At issue on appeal was DISH's challenge to the district court's denial of its motion for a preliminary injunction enjoining the tribal court from conducting a trial on defendant's abuse of process claim. The court affirmed the district court's judgment because it was not "plain" that the tribal courts lacked jurisdiction over defendant's abuse of process complaint.
Court Description: Civil case - Indian law. The district court did not err in denying Dish's motion for injunctive relief to prevent tribal court litigation as it was not "plain" that the tribal courts lack jurisdiction over defendant Laducer's abuse of process complaint.
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