Plains Commerce Bank v. Long Family Land and Cattle Company, Inc.: an introduction with questions

South Dakota Law Review, Fall, 2009 by Frank Pommersheim

(10.) Id.

(11.) Id. at 1074-75.

(12.) Id. Federal District Judge Charles Kornman found this request of the tribal court to serve state process "not understandable." Id. There were no further proceedings in state court.

(13.) Id. at 1075.

(14.) Id.

(15.) Id.

(16.) Id.

(17.) The appeal involved seven issues raised by the Defendant/Appellant and two issues raised by the Plaintiffs/Appellees.

Defendant/Appellant

Whether the Cheyenne River Sioux Tribal Court lacked subject matter jurisdiction for a claim of discrimination against an off reservation bank.

Whether the trial court erred in failing to grant Defendant's motion for a directed verdict and judgment N.O.V. on the Plaintiff's breach of contract claim.

Whether the trial court erred in failing to grant Defendant's motion for a directed verdict and judgment N.O.V. on Plaintiff's separate cause of action based on bad faith.

Whether the trial court erred in failing to grant Defendant's motion for a judgment N.O.V. in that the damages awarded by the jury were excessive and controlled by passion.

Whether the trial court erred in not granting Defendant's cause of action for eviction against the Plaintiffs.

Whether the trial court erred in granting Plaintiffs motion to exercise its option to purchase some of the real estate sold to Edward and Mary Jo Mackjewski under a contract for deed.

Whether the trial court erred in allowing pre-judgment interest on certain damages absent specific instructions to the jury.

Plaintiffs/Appellees/Respondents

Whether the trial court erred in its calculation of prejudgment interest.

Whether the trial court erred in permitting the Plaintiffs to exercise their option to purchase with regard to only part, rather than all, of the land described in the option to purchase.

Plains Commerce Bank v. Long Family Land and Cattle Co., No. 03-002-A, slip op. at 4 (Chy. R. Sx. Tr. Ct. App. Nov. 22, 2004), aff'd, 440 F. Supp. 2d 1070 (D.S.D. 2006), aff'd, 491 F.3d 878 (8th Cir. 2007), rev'd, 128 S. Ct. 2709 (2008).

(18.) 450 U.S. 544 (1981). The proviso is quoted in full supra note 4.

(19.) Plains Commerce Bank, No. 03-002-A, slip op. at 9-10.

(20.) Id. at 10.

(21.) 533 U.S. 353 (2001).

(22.) Plains Commerce Bank, No. 03-002-A, slip op. at 6.

(23.) Id. at 7 n.3.

(24.) Id. at 8.

(25.) 471 U.S. 845 (1985).

(26.) 450 U.S. 544 (1981).

(27.) Plains Commerce Bank v. Long Family Land and Cattle Co., 440 F. Supp. 2d 1070, 1079 (D.S.D. 2006) (quoting Montana, 450 U.S. at 565-66), aff'd, 491 F.3d 878 (8th Cir. 2007), rev'd, 128 S. Ct. 2709 (2008). The Court in Montana provides that: "the tribe may regulate, through taxation, licensing, or other means, the activities of nonmembers who enter consensual relationships with the tribe or its members, through commercial dealings, contracts, leases, or other arrangements." Montana, 450 U.S. at 565-66 (emphasis added).

(28.) Plains Commerce Bank, 440 F. Supp. 2d at 1080-81. The Court also found it "significant" that the bank originally sought relief in the tribal court. Id. at 1080. Having found a basis for tribal court jurisdiction under Montana's first prong, the court found it unnecessary to examine the second prong of the Montana proviso.