· 8/27/2001
Comstock Oil & Gas Inc. v. Alabama & Coushatta Indian Tribes
Citations
- 261 F.3d 567
- 154 Oil & Gas Rep. 93
- 32 Envtl. L. Rep. (Envtl. Law Inst.) 20029
- 2001 U.S. App. LEXIS 19162
- 2001 WL 902139
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that “the 13 district court erroneously concluded that the [t]ribe was entitled to sovereign 14 immunity against the oil companies’ claims for equitable relief”
- identifying a federal question for subject matter jurisdiction purposes when a tribe sought to have mineral lease’agreement with an oil company dédared void in its tribal court
- affirming the district court’s ruling that exhaustion was not required before proceeding in federal court where exhaustion would have been futile, as the tribe had no tribal court
- exercising pendent appellate jurisdiction over the question of a trial council's members' immunity from suit where the appeal turned on the tribal council's immunity from suit and both immunities turned on the nature of the relief sought
- affirming district court’s ruling that exhaustion was not required before proceeding in federal court
- “[T]his extensive regulatory scheme demonstrates that tribal oil and gas leases represent a very specialized subset of contracts and, therefore, compels the conclusion that they belie characterization as routine contracts. This is a significant distinction.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Politz, Demoss, Stewart
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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