Recently, a federal judge in Nebraska stayed a federal claim that the Omaha tribe has no authority to require on-reservation, non-Indian liquor vendors to obtain a tribal license to sell liquor.
The judge noted that this appears to be a question of first impression (“While the briefing has been excellent, neither side has given me a case that is squarely on point regarding whether exhaustion is required in these circumstances. As a result, I must read the ‘tea leaves.'”), but correctly stayed the case until the tribal court had a chance to opine on the jurisdiction questions.
The 2nd amended complaint is here: Complaint
The tribal motion to dismiss is here: Motion to Dismiss
The opposition is here: Opposition to Motion to Dismiss
The reply is here: Reply Brief
The court’s stay order and opinion is here: DCT Order Denying Motion to Dismiss
Matt, our firm represents the interests of the Tribe and the Council in this matter. I would be happy to put you in touch with the attorneys involved if you like.
Hope you are well.
RAB