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· 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 CourtListener

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.