Here is the opinion in Kalispel Tribe v. Spokane Raceway Park (unpublished opinion).
An excerpt:
We need not decide whether the Tribe waived its immunity to Orville Moe’s counterclaim for contract damages as a third-party beneficiary, because Moe failed to present a genuine issue for trial. See Celotex Corp. v. Catrett, 477 U.S. 317, 324 (1986). Neither the Joint Venture Agreement nor any other document specified the amount of compensation board members were to receive or how that amount was to be determined. Given the lack of details in the agreement, Moe had to produce evidence of what compensation was due and that the Tribe was responsible for that compensation. He failed to do so.
We need not decide whether the Tribe waived its immunity to Orville Moe’scounterclaim for contract damages as a third-party beneficiary, because Moe failedto present a genuine issue for trial. See Celotex Corp. v. Catrett, 477 U.S. 317, 324(1986). Neither the Joint Venture Agreement nor any other document specified theamount of compensation board members were to receive or how that amount wasto be determined. Given the lack of details in the agreement, Moe had to produceevidence of what compensation was due and that the Tribe was responsible for thatcompensation. He failed to do so.
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