Sokaogon Gaming Enterprise Corporation and Sokaogon Chippewa Community v. Tushie-Montgomery Associates, Incorporated

How courts have described this case

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

• noting that interlocutory appeal was appropriate because if defendant were to succeed on interlocutory appeal, “the issue of sovereign immunity will be removed from the case”
• facing a similar argument, Seventh Circuit gleaned that counsel meant only a statement to this effect will do: “The tribe will not assert the defense of sovereign immunity if sued for breach of contract.”
• considering sovereign immunity under the Federal Torts Claims Act and the Tucker Act
• clause requiring arbitration of contractual disputes and authorizing entry of judgment upon arbitral award “in any court having jurisdiction thereof” expressly waived Tribe’s immunity
• valid contract with arbitration clause agreed upon by both contractor and tribe constituted waiver of sovereign immunity for purposes enforcing arbitration
• “To agree to be sued is to waive any immunity one might have from being sued.”

Source: CourtListener parenthetical corpus (CC0).