Burlington Northern Railroad v. Red Wolf

This appeal presents the question of whether a tribal court has civil jurisdiction over a tort claim arising from an accident on a right-of-way granted to a railroad by Congress. We conclude that the tribal court lacks jurisdiction, and affirm the district court’s grant of an injunction against further prosecution of the tribal court action.

I

Beverly Nadine Red Wolf and Regina Bull Tail were killed when a Burlington Northern Railroad Company (“Railroad”) train car collided with their automobile at a railroad grade crossing south of Lodge Grass, Montana, within the exterior boundaries of the Crow Reservation. The train was traveling along a right-of-way, extending 75 feet on either side from the center of the tracks, granted to the Railroad’s predecessor by Congress in 1889. At the time of the collision, the automobile was on the tracks, well within the Railroad’s right-of-way.

The Estates filed a wrongful death action against the Railroad in Crow tribal court, resulting in a verdict of $250,000,-000. (By motion of the Estates in tribal court, the judgment was later amended to $25,000,000.) The tribal court denied the Railroad’s motion to stay the judgment pending appeal, and…