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· 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

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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.