Missouri River Services, Inc., a Delaware Corporation v. Omaha Tribe of Nebraska, a Federally Recognized Indian Tribe

How courts have described this case

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

• stating that the waiver “must be clear” and when a tribe consents to suit, “any conditional limitation it imposes on that consent must be strictly construed and applied” (internal quotation marks and citations omitted)
• assuming jurisdiction and holding that an unapproved management agreement and an unapproved modification are “void”
• vacating arbitral award that “rewrote” the contract (internal quotation marks omitted)
• “[bjecause a waiver of immunity from suit implicates jurisdictional concerns, a court must satisfy itself that jurisdiction exists”
• arbitration panel exceeded its authority by ordering that its award be satisfied out of profits of Indian tribe’s Iowa casino because arbitration agreement specifically provided that any award would be satisfied out of profits from tribe’s Nebraska casino
• an arbitrator may not disregard or modify an unambiguous contract provision

Source: CourtListener parenthetical corpus (CC0).