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Indian Nations
Litigation


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When other means of dispute resolution are unsuccessful, litigation is sometimes necessary to protect tribal sovereignty. Godfrey & Kahn has attorneys experienced in all types of civil and criminal litigation in tribal, state and federal courts. Bar admissions include state and federal courts, including the United States Supreme Court, and various tribal courts. Two of the Firm’s litigators are past presidents of the Seventh Circuit Bar Association.

Our attorneys’ Indian country litigation experience includes:

  • Federal court litigation to protect the right of Chippewa spearfishers to exercise rights reserved under treaties of 1837, 1842 and 1854, resulting in a permanent injunction prohibiting interference with treaty-reserved rights. Lac du Flambeau v. Stop Treaty Abuse-Wisconsin, et al., 41 F.3d 449 (7th Cir. 1994), cert. denied 514 U.S. 1096 (1995).
  • Federal court litigation to prevent state taxing authorities from attempting to exercise jurisdiction in Indian country in violation of federal law, resulting in a permanent injunction prohibiting efforts to tax tribal member residing on reservation with respect to income earned outside state. Lac du Flambeau v. Zeuske, 145 F.Supp.2d 969 (W.D.Wis. 2000).
  • Representation of tribes in state courts in connection with a wide variety of business, commercial disputes and governmental disputes.
  • Representation of tribes in tribal courts in a wide variety of matters involving tribal constitutional issue, governmental affairs and commercial matters.


The Firm’s experience includes matters involving joint tribal-state jurisdiction and consultation between state and tribal court judges to allocate jurisdiction pursuant to principles established by the Wisconsin Supreme Court’s ruling in Teague v. Bad River Band, 2003 WI 118.

Godfrey & Kahn, S.C. is a general practice law firm of approximately 200 attorneys with offices in Milwaukee, Madison, Waukesha, Green Bay and Appleton, WI; Washington, D.C.; and Shanghai, PRC.

The mission of the Firm's Indian Nations Law Team is to support tribal governments and their attorneys in protecting tribal sovereignty, enhancing tribal self-government and promoting the welfare of tribal members. The firm supports organizations dedicated to improving the quality of life in Indian country and avoids asserting legal positions that might diminish tribal sovereignty.

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