Matter of Guerre v. New York City Tr. Auth.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• finding “sue and be sued” clause in tribal housing authority’s enabling legislation did not constitute waiver of immunity in federal court
• stating that \[w]e consider tribal exhaustion first; sovereign immunity second\
• proceeding to affirm the district court’s dismissal “for lack of subject matter jurisdiction” on tribal sovereign immunity grounds
• explaining that, in the absence of a tribal proceeding, the “federal proceeding does not implicate or in any way impair the authority of the tribal court to proceed,” but noting that “[i]f a tribal court proceeding were pending, our analysis might well be different”
• holding the ADEA does not abrogate tribal sovereign immunity.
• affirming the district court’s dismissal of claims against a tribal agency “for lack of subject matter jurisdiction” because “an Indian tribe enjoys sovereign immunity from suit” absent congressional abrogation or waiver

Source: CourtListener parenthetical corpus (CC0).