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· 7/29/2002

American Vantage Companies, Inc. v. Table Mountain Rancheria

Citations

  • 292 F.3d 1091
  • 2002 WL 1301449

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • finding substantially identical contractual waivers by 10 || an Indian tribe failed to grant subject-matter jurisdiction for a breach of contract claim
  • “Rather than belonging to state political communities, [tribes] are distinct independent political communities. Tribes also owe no allegiance to a state.”
  • “A tribe that elects to incorporate does not automatically waive its tribal sovereign immunity by doing so.”
  • “Because ‘Congress possesses plenary power over Indian affairs,’ * * * Indian tribes fall under nearly exclusive federal, rather than state, control.”
  • “We therefore reject the contention that a tribe’s waiver of sovereign immunity creates state citizenship for diversity jurisdiction purposes.’’
  • “It is a well- established principle of statutory construction that legislative enactments should not be construed to render their provisions mere surplusage.” (internal quotation marks omitted)

Source: CourtListener parenthetical corpus (CC0).

Judges: Reinhardt, Magill, Fisher

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.