· 9/15/1989
Gilbert McClendon Bernadine F. McClendon Norman McDanel Connie R. McDanel v. United States of America Colorado River Indian Tribal Council
Citations
- 885 F.2d 627
- 1989 U.S. App. LEXIS 13806
- 1989 WL 105119
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a past waiver is “not necessarily broad enough to encompass related matters, even if those matters arise from the same set of underlying facts.”
- concluding that tribe had not waived sovereign immunity where its contractual documents presented no indication of “an intent to waive sovereign immunity” and “contain[ed] no provision governing sovereign immunity or consent to suit”
- holding a Native American tribe indispensable in an action to enforce the terms of a rental lease to which the tribe was a party
- stating that initiation of litigation by the United States in its capacity as tribal trustee could potentially result in a waiver of tribal immunity despite the fact that the tribe was not a party to the suit
- noting similarities between principles governing waivers of state and tribal immunity
- \a tribe's waiver of sovereign immunity [by initiation of a lawsuit] may be limited to the issues necessary to decide the action\
Source: CourtListener parenthetical corpus (CC0).
Judges: Fletcher, Nelson
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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