Tribal Nations Law
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Practice Overview
Drummond Woodsum’s Tribal Nations Practice Group is a leader in providing top-tier legal services to tribal nations, their enterprises, and businesses interacting with tribes. With over 35 years of experience and accolades from peer-reviewed listings such as Chambers USA and Best Lawyers in America, our team is dedicated to addressing the unique needs of Native American law.
Comprehensive Legal Services for Tribal Clients
Our full-service approach integrates specialists in federal Indian law with experts in business, litigation, labor, education, and tax. This allows us to provide tailored legal solutions across various areas, including:
- Business, Finance, and Economic Development
- Litigation in Federal, State, and Tribal Courts
- Labor and Employment Relations
- Nation-Building and Governmental Functions
- Tribal Education
- Tribal Housing
Stay Connected and Informed
We invite you to explore our insights, updates, and resources on tribal law and community issues at our new blog site: dwtribalnations.com. Join us in fostering dialogue and sharing knowledge that empowers tribal nations and their enterprises.
Proven Track Record
Our legal successes span key cases involving tribal sovereignty and employment law, affirming our commitment to protecting the rights and interests of tribal nations.
Notable Cases
United States Supreme Court
- Yellin v. Confederated Tribes of the Chehalis Reservation, 141 S. Ct. 2434 (2021) (counsel for National Congress of American Indians and ten other national and regional inter-tribal organizations as amici curiae) (question presented: whether private Alaska Native Corporations are “Indian tribes” entitled to allocation of federal COVID-19 relief funds; D.C. Circuit decision in favor of tribes reversed)
- Inyo County v. Paiute-Shoshone Indians of the Bishop Community, 538 U.S. 701 (2003) (co-counsel for amicus curiae, National Congress of American Indians and seventeen Indian tribes) (question presented: whether tribal sovereignty barred state court subpoenas; merits not reached; tribe could not bring action as a “person” under 42 U.S.C. section 1983)
United States Circuit Courts of Appeals
- Confederated Tribes of the Chehalis Reservation v. Mnuchin, 976 F.3d 15 (D.C. Cir. 2020), cert. granted (Jan. 8, 2021) (see cases before United States Supreme Court)
- Penobscot Nation and United States v. Maine Attorney General, 2021 WL 2850139 (1st Cir. 2021) (en banc), petition for writ of certiorari to Supreme Court pending) (co-counsel for Penobscot Nation) (question presented: whether Penobscot Indian Reservation encompasses the Penobscot River)
- National Labor Relations Board v. Little River Band of Ottawa Indians, 788 F.3d 537 (6th Cir. 2015), cert. denied, 136 S. Ct. 2508 (2016) (counsel for Little River Band of Ottawa Indians) (NLRB prevailed before a divided panel on whether tribal labor law varying from the National Labor Relations Act may be struck down by the NLRB as an unfair labor practice; subsequent Sixth Circuit panel agreed with the dissenting opinion, see Soaring Eagle Casino & Resort v. N.L.R.B., 791 F.3d 648 (6th Cir. 2015))
- TOMAC v. Norton, 433 F.3d 852 (D.C. Cir. 2006) (counsel for Pokagon Band of Potawatomi Indians; prevailing in action challenging the right of the Band to have land taken into trust for gaming under the Indian Gaming Regulatory Act)
- Penobscot Nation v. Georgia-Pacific Corp., 254 F.3d 317 (1st Cir.), cert. denied, 534 U.S. 1127 (2001) (counsel for Penobscot Nation and Passamaquoddy Tribe) (question presented: whether federal district court had subject matter jurisdiction over the Nation’s action to prevent coercive state action on the basis of tribal sovereignty; merits not reached)
- Penobscot Nation v. Fellencer, 164 F.3d 706 (1st Cir.), cert. denied, 527 U.S. 1022 (1999) (counsel for Penobscot Nation; prevailing on tribal sovereignty defense to employment discrimination claims)
- Akins v. Penobscot Nation, 130 F.3d 482 (1st Cir. 1997) (counsel for Penobscot Nation; prevailing on tribal sovereignty defense to civil rights claims)
United States District Courts
- Rassi v. Fed. Program Integrators, LLC, 69 F. Supp. 3d 288 (D. Me. 2014) (counsel for the defendant; prevailing on tribal exhaustion doctrine)
State Supreme Courts
- Moyant v. Petit and Passamaquoddy Tribe, 2021 ME 13, 247 A.3d 326 (counsel for defendants; securing exclusive tribal court jurisdiction over contract and tort claims)
- Francis v. Dana-Cummings, 962 A.2d 944 (Me. 2008) (counsel for defendants; prevailing on tribal sovereignty defense to state court trespass action; state court lacked jurisdiction over “internal tribal matter”)
- TOMAC v. State of Michigan, 685 N.W.2d 221 (Mich. 2004) (co-counsel for Little River Band of Ottawa Indians, Little Traverse Bay Bands of Odawa Indians, and Pokagon Band of Potawatomi Indians, amicus curiae; prevailing on validity of tribal-state gaming compact)
- Great Northern Paper, Inc. v. Penobscot Nation, 770 A.2d 574 (Me.), cert. denied, 534 U.S. 1019 (2001) (counsel for Penobscot Nation and Passamaquoddy Tribe; partially prevailing on tribal sovereignty defense to state statutory claims)
Our Distinguished Clients
Our Tribal Nations Practice Group is proud to represent a diverse array of clients across the country, including some of the most successful tribal nations and enterprises. Our diverse clientele demonstrates our capacity to serve a wide range of tribal interests.
- Amerind Risk
- Grand Traverse Band of Ottawa and Chippewa Indians (MI)
- Iroquois Nationals Lacrosse (NY)
- Jamestown S’Klallam Tribe (WA)
- The Klamath Tribes (OR)
- Little River Band of Ottawa Indians and Little River Casino Resort (MI)
- Little Traverse Bay Band of Odawa Indians (MI)
- Mashantucket Pequot Tribal Nation, Foxwoods Resort Casino (CT)
- Mohegan Tribe of Connecticut (CT)
See more...
- Passamaquoddy Tribe, Passamaquoddy Wild Blueberry Company (ME)
- Paskenta Band of Nomlaki Indians, Rolling Hills Casino, Rolling Hills Clinic and Tepa, LLC (CA)
- Penobscot Nation and Penobscot Indian Nation Enterprises (ME)
- Pokagon Band of Potawatomi Indians and Four Winds Casino Resort (MI)
- Port Gamble S’Klallam Tribe (WA)
- Pueblo of Laguna Department of Education (NM)
- Pueblo of Zia (NM)
- Rappahannock Tribe (VA)
- Seminole Tribe of Florida (FL)
- Squaxin Island Tribe (WA)
- St. Regis Mohawk Tribe (NY)
- Suquamish Tribe (WA)
- Tribal First
- Turtle Mountain Chippewa Housing Authorities (ND)
- And many more…
Practice Group Leaders
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