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· 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 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.