Hinshaw

Hinshaw v. Mahler

Bad Law
42 F.3d 1178·1994 WL 661612
United States Court of Appeals for the Ninth CircuitJune 17, 1994No. 93-35199California1,130 words

Opinion

Lead Opinion

Hug., J.

The memorandum disposition filed June 17,1994, is redesignated as an authored opinion by Judge Hug.

The issues in this case are whether the Tribal Court of the Confederated Salish and Kootenai Tribes of the Flathead Reservation has (1) subject matter jurisdiction over Gloria and Ken Mahler’s wrongful death and survivorship claims, which arose from an on-reservation automobile accident involving no members of the Confederated Tribes, and (2) personal jurisdiction over Lynette Hinshaw, the tort-feasor, a nonmember resident of the reservation.

The district court denied Hinshaw’s motion for summary judgment and held that the Tribal Court has personal jurisdiction over Hinshaw and subject matter jurisdiction over the Mahlers’ claims. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

I. FACTS

While riding his motorcycle on U.S. Highway 93 within the boundaries of the Flathead *1180 Reservation, Christian Mahler was struck by a car driven by Lynette Hinshaw. He died as a result of his injuries.

Christian Mahler was not an enrolled member of the Confederated Salish and Koo-tenai Tribes of the Flathead Reservation although he resided within the boundaries of the…

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