February 7,2003
Lawyers Argue Over Tribal Court's Reach 
U.S. National - AP to My Yahoo! 
By JOSEPH B. FRAZIER, Associated Press Writer 

EUGENE, Ore. - In a case that pits two tribes against a drug giant, the Navajo Nation Supreme Court heard arguments on whether the U.S. Supreme Court (news - web sites) has given American Indians the right to sue non-Indians in tribal court. 

Attorneys for Pfizer and members of the Navajo and Zuni nations clashed Thursday before the tribal high court in a hearing at the University of Oregon Law School. The three-member court said it likely will rule within 90 days. 

The 16 plaintiffs say they are among thousands harmed by Rezulin, a diabetes medication that was taken off the market after the death of dozens of patients. 

A lower Navajo court ruled earlier that it lacks jurisdiction in the case. 

If the Navajo Nation Supreme Court agrees with the lower court, the case will be dismissed, but the plaintiffs will still have access to civil courts. 

The drug was developed and distributed by Warner-Lambert Co., which was taken over by Pfizer in mid-2000. 

The U.S. Food and Drug Administration (news - web sites) gave Rezulin "fast-track" approval in early 1997, and the drug was removed from the market in March 2000. At least 63 deaths were linked to the pill, mostly from liver damage. 

At least 2,000 lawsuits are pending from those who claim they were damaged by the drug, or from survivors. 

Diabetes is a major health problem among American Indians. 

Specialists in American Indian legal affairs say tribal court rulings generally are binding, but that losers sometimes try to contest them in federal courts, with mixed results. 

In a 1981 case, the U.S. Supreme Court ruled tribal jurisdiction was allowed only when there is a consensual relationship between non-Indians and the tribe or when a non-Indian threatens or affects the health and welfare of the tribe. 

Randolph Barnhouse, a lawyer for the plaintiffs, contended there is no treaty, statute or case law that denies tribal members the right to put their case before a tribal court. 

"These pharmaceuticals don't just show up any place. They are a part of a targeted marketing and distribution campaign that also took place on the Navajo reservation," he said. 

But Andrew Fedehar, an attorney for Pfizer, said that when the National Institute of Health approached the Navajo Nation, Indian leaders declined to have the drug tested within tribal boundaries. 

"There was no agreement between Pfizer and the Navajo Nation," he said, adding that the drug was federally approved and could be prescribed by any doctor.