Guess who Dish is suing now...

And what authority does this "Tribal Court" have over Dish to make them pay ? And isn't there a bit of conflict-of-interest with an Indian tribe suing a company in an "Indian" court ? :)
 
Yep, this will be mildly interesting. Hope we hear "the rest of the story."
 
Hall said:
And what authority does this "Tribal Court" have over Dish to make them pay ? And isn't there a bit of conflict-of-interest with an Indian tribe suing a company in an "Indian" court ? :)

I believe this will be handled in Federal court just like any suit between a foreign entity and a US citizen/corporation. As for authority to make Dish pay, I'd imagine the authority would be similar that of any state or federal government. But, as I said, I haven't learned a thing about Indian law, so I'm not clear exactly how disputes of this nature are resolved (choice of law, jurisdiction and such are what I'm referring to).
 
I believe this will be handled in Federal court just like any suit between a foreign entity and a US citizen/corporation. As for authority to make Dish pay, I'd imagine the authority would be similar that of any state or federal government. But, as I said, I haven't learned a thing about Indian law, so I'm not clear exactly how disputes of this nature are resolved (choice of law, jurisdiction and such are what I'm referring to).

Indian tribes are more like states than foreign nations. All the tribal members are of course US citizens just like in a state. The interesting thing is if the tribe can force a fee on Dish for doing business with its citizens, rather than the way states work where they force Dish to collect taxes on their citizens.
 
I believe in the law, once you pay the fee, you have agreed to it, so I think the key here is that if Dish or any other wants firm ground on which to argue, they can't pay the fee. However, if it is a tax, they must pay and fight later. Notice the reservation is charging a FEE not a TAX. I don't know US Reservation Law, but I would bet they can't legally TAX hardly anything except their residents, perhaps. No taxation without representation. Any people who reside or do business OUTSIDE the reservation probably can't be taxed, so they call it a FEE to be legal, but since it isn't a tax, it doesn't have to be paid if one wants to challenge it in court. Obviously, I am not a lawyer, but a good one who is familiar with US Reservation Law can clear this up.

In CA it is illegal to charge CA residents "Tuition" at any PUBLIC CA Community College or University. "Tuition" may be charged to out of state residents who attend the colleges. If one is a resident of CA, then you are charged "FEES." While residents pay far less, it is still a case of a Rose by any other name is still a Rose.
 
Something tells me that Echostar has better lawyers than the Hopi people. I remember watching this documentary about the Hopi people where they met extraterrestrials and how it has affected their culture. Maybe they don't want the western arc messing with the sky people.
 

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