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· 9/15/2023

Smith v. Excel Fabrication, LLC

How courts have described this case

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

  • deciding the merits and explaining that the Court “need not consider” federal sovereign immunity
  • noting that there is no jurisdiction “[i]n the absence of clear congressional consent”
  • dismissing Plaintiff’s claim for money damages against the FBI and CIA as barred by sovereign immunity
  • describing the statutory allotment policy as “allot[ing] to each Indian residing on a reservation up to 80 acres of agricultural land or 160 acres of grazing land found within the reservation”
  • construing the Tucker Act and noting that the United States is immune from suit unless it consents to be sued, and its consent defines the terms and conditions upon which it may be sued
  • referring to the Little Tucker Act’s companion statute, the Tucker Act

Source: CourtListener parenthetical corpus (CC0).

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.