Kroner v. Oneida Seven Generations Corp.
819 N.W.2d 264
Wis.2012Background
- Kroner, a nonmember, sues Seven Generations in Brown County Circuit Court for breach of contract and wrongful discharge.
- Seven Generations moves to transfer the action to the Oneida Tribal Court under Wis. Stat. § 801.54, arguing concurrent tribal jurisdiction.
- The circuit court transfers the case to the Oneida Tribal Court, focusing on perceived efficiency and tribal expertise.
- The court of appeals affirms the transfer; this court grants review to address proper statutory analysis and retroactivity concerns.
- The lead opinion requires a two-step analysis: first determine concurrent jurisdiction, then weigh all § 801.54 factors, with remand on retroactivity.
- Remand is ordered for explicit findings on concurrent jurisdiction, full factor analysis, and retroactivity under Trinity Petroleum.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is there a threshold concurrent-jurisdiction finding? | Kroner contends no explicit concurrent-jurisdiction basis on record. | Seven Generations contends concurrent jurisdiction exists under Montana exceptions. | Remand for explicit concurrent-jurisdiction finding required. |
| Did the circuit court properly consider all Wis. Stat. § 801.54(2) factors? | Kroner argues factors beyond (a)-(k) were not adequately addressed. | Seven Generations asserts enough factors were considered to warrant transfer. | Remand for complete, explicit analysis of all relevant factors needed. |
| Should Wis. Stat. § 801.54 be applied retroactively to Kroner’s pre-enactment suit? | Kroner argues retroactivity impermissibly abridges vested rights and access to Wisconsin courts. | Seven Generations argues the rule applies to transfer decisions where concurrent jurisdiction exists. | Remand to determine retroactive applicability and its effect on vested rights. |
Key Cases Cited
- Montana v. United States, 450 U.S. 545 (1981) ( Montana exceptions to tribal jurisdiction over nonmembers)
- Plains Commerce Bank v. Long Family Land & Cattle Co., 554 U.S. 316 (2008) (concurrent jurisdiction framework for tribal-state transfers)
- Trinity Petroleum, Inc. v. Scott Oil, Inc., 302 Wis. 2d 299 (2007) (retroactivity exceptions for procedural rules)
- Teague v. Bad River Band of Lake Superior Tribe of Chippewa Indians, 265 Wis. 2d 64 (2003) (Teague factors for transfer between state and tribal courts)
- Ash Park, LLC v. Alexander & Bishop, Ltd., 324 Wis. 2d 703 (2010) (standard for reviewing discretionary circuit court transfers)
- LeMere v. LeMere, 262 Wis. 2d 426 (2003) (multi-factor discretion and proper statutory rigor requirement)