· 1/13/1995
Kickapoo Tribe of Indians of the Kickapoo Reservation in Kansas v. Bruce Babbitt, in His Official Capacity as Secretary of the Interior
Citations
- 43 F.3d 1491
- 310 U.S. App. D.C. 66
- 31 Fed. R. Serv. 3d 701
- 1995 U.S. App. LEXIS 531
- 1995 WL 10370
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that “Kansas is a necessary party under Rule 19(a)” because “[c]learly, ... the State of Kansas has an interest in the validity of a compact to which it is a party, and this interest would be directly affected by the relief that the Tribe seeks”
- finding that even though the defendant did not cross appeal the denial of the motion to dismiss, the appellate court has a duty to raise the indispensable party issue sua sponte
- “The exercise of discretion contemplates reasoned decision making on the basis of relevant and appropriate considerations to the task at hand.”
- “[T]here is very little room for balancing of other factors set out in Rule 19(b) where a necessary party under Rule 19(a) is immune from suit because immunity may be viewed as one of those interests compelling by themselves.”
- “Under the first and second prongs of [the Rule 19(b) evaluation], when the relief requested must, to satisfy plaintiffs’ claims, be in derogation of the rights of a person not before the court, that person is an indispensable party.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Williams, Ginsburg, Rogers
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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