Does exhaustion need to be required in tribal jurisdiction claims?
MultiRegion, United States of America
The following excerpt is from Burlington Northern R. Co. v. Red Wolf, 106 F.3d 868 (9th Cir. 1997):
We do not suggest that exhaustion would be required where an assertion of tribal jurisdiction "is motivated by a desire to harass or is conducted in bad faith," cf. Juidice v. Vail, 430 U.S. 327, 338 [97 S.Ct. 1211, 1218, 51 L.Ed.2d 376] (1977) or where the action is patently violative of express jurisdictional prohibitions, or where exhaustion would be futile because of the lack of an adequate opportunity to challenge the court's jurisdiction.
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