· 3/29/2002
Oneida Indian Nation of New York v. New York
Citations
- 194 F. Supp. 2d 104
- 2002 U.S. Dist. LEXIS 5265
- 2002 WL 485036
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that \the Treaty of Fort Schuyler cannot reasonably be understood to have divested the Oneidas of their aboriginal title\
- noting that Article 2 of the treaty \specifically states that the Oneidas `hold to themselves and their posterity forever' the `reserved lands'\
- finding that “Defendant cannot rely on Plaintiffs’ delay in 13 bringing suit to escape liability” but that “the defense of mitigation is relevant to 14 [the] issue of damages”
- using the same reasoning, on a motion to strike, court allowed defenses of abandonment, and release and relinquishment to stand
- allowing an equitable recoupment defense in the context of offsetting requests for declaratory judgments in a land rights case
- observing the “United States’ post–1805 treatment of the Oneidas as a unified nation” as depicted in the 1838 Treaty of Buffalo Creek
Source: CourtListener parenthetical corpus (CC0).
Judges: Kahn
Read full opinion on CourtListenerSourced 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.