Here is the opinion in Frazier v. Brophy — Frazier v Brophy CA2 Order
An excerpt:
An Indian Tribe is not a citizen of any state for the purposes of diversity jurisdiction. Romanella v. Hayward, 114 F.3d 15, 16 (2d Cir. 1997); Frazier, 254 F. Supp. 2d at 304. (“[T]he Court cannot assert diversity jurisdiction over this action as long as the Oneida Indian Nation (“Oneida Nation”) and the Casino are Defendants.”). Because an Indian Tribe is not a citizen of any state, the Oneida Nation’s presence as a party bars a federal court from hearing the matter under its diversity jurisdiction. Romanella, 114 F.3d at 16 (“[T]he diversity statute’s provisions for suits between citizens of different states, 28 U.S.C. § 1332(a), strictly construed, cannot be said to embrace suits involving Indian tribes.”); see also Newman-Green, Inc. v. Alfonzo-Larrain, 490 U.S. 826, 829 (1989) (holding that one stateless party destroys diversity jurisdiction). This accords with the treatment of other domestic sovereigns, such as states, which cannot sue or be sued in diversity. Romanella, 114 F.3d at 16. Given the continued presence of the Oneida Nation in this suit, the district court lacked subject matter jurisdiction to hear this case. We therefore remand with instructions to dismiss the matter.
And, importantly:
The dismissal of this suit from federal court does not foreclose all relief against the tribe, its casino, and its agents. The Oneida Nation has a trial and appellate court system staffed by former New York Court of Appeals Judges Stewart Hancock and Richard Simons. FACT SHEET: The Oneida Nation Court, http://www.oneidaindiannation.com/pressroom/factsheets/26965674.html (last visited October 2, 2009). To the extent Frazier has live claims against the tribe, its casino, or the casino’s employees, he could attempt to bring them there.
Turtle Talk 
Interesting – yet another attorney brings a case against a tribe without first checking to see if the court had jurisdiction over the defendants. Some quick research, and the plaintiff’s attorney would have known that tribes are not ‘persons’ for purposes of federal diversity jurisdiction.
I wonder how much Joe Frazier paid for this mistake.
I wonder how much longer states like New York and Arizona, with significant jurisprudential history relating to tribal entities, will continue to choose to ignore Indian Law as a component of jurisdictional testing on their respective bar exams….while the rest of us (who practice Indian law) watch our colleagues make fundamental mistakes because they lack the most basic understanding of the legal status of tribal entities.