Sixth Circuit to Decide Tribal Enterprise Immunity Case — UPDATED!

The case is Memphis Biofuels v. Chickasaw Nation Industries, being appealed to the Sixth Circuit from the Western District of Tennessee. The case involves the assertion by CNI, a Section 17 corporation, that it is entitled to sovereign immunity, and that there is no federal subject matter jurisdiction over this contract claim against it. The lower court granted CNI’s motion to dismiss and Memphis Biofuels has appealed to the Sixth Circuit.

Here are the lower court materials:

memphis-biofuels-complaint-and-exhibits

cni-motion-to-dismiss-and-exhibits

memphis-biofuels-response-to-motion-to-dismiss

cni-reply-motion-to-dismiss

cni-supplemental-memorandum

memphis-biofuels-supplemental-memorandum

memphis-biofuels-dct-order

Sixth Circuit materials:

memphis-biofuels-appellant-brief

chickasaw-nation-industries-brief

[Memphis Biofuels reply brief — to be filed]