· 9/3/1980
Opinion No. 80-120 (1980) Ag
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that tribal governments are immune from lawsuits under the FCRA
- stating that “sovereign immunity, like qualified immunity, also bears the characteristics of ‘immunity from trial and the attendant burdens of litigation’”
- explaining that “this circuit has clearly held that the question of sovereign immunity is not a jurisdictional one” and explaining that sovereign immunity is a waivable defense”
- noting that the question of sovereign immunity is not a ju- risdictional one
- noting that because “the question of sovereign immunity is not jurisdictional,” the district court “properly treated the Tribe’s motion to dismiss for lack of subject matter jurisdiction under Federal Rule of Civil Procedure 12(b)(1
- affirming treatment of motion to dismiss on sovereign immunity grounds as motion to dismiss for failure to state a claim
Source: CourtListener parenthetical corpus (CC0).
Judges: JAN ERIC CARTWRIGHT, ATTORNEY GENERAL OF OKLAHOMA
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