· 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 CourtListenerSourced 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.