Tenth Circuit Affirms Dismissal of Title VII Claims against Tribal Corporation

Here is today’s opinion in Somerlott v. Cherokee Nation Distributors. Judge Gorsuch’s concurring opinion (starting at page 21) is a worthy read for tribal leaders and tribal counsel thinking about doing business outside of Indian country.

Briefs are here.

Excerpt here:

Tina Marie Somerlott appeals from the district court’s dismissal of her claims against CND, LLC (“CND”) for lack of subject-matter jurisdiction. See Fed. R. Civ. P. 12(b)(1). Somerlott brought federal employment discrimination claims against CND, alleging violations of Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act. After allowing  discovery by both parties, the district court concluded CND was immune from suit under the doctrine of tribal sovereign immunity and, therefore, dismissed Somerlott’s complaint in its entirety. Exercising jurisdiction pursuant to 28 U.S.C. § 1291,
this court affirms.

2 thoughts on “Tenth Circuit Affirms Dismissal of Title VII Claims against Tribal Corporation

  1. Phil July 28, 2012 / 2:16 pm

    This appears to be nothing more than the court chastising Plantiff”s lawyers for incometence while giving the district court a pass on their error and denying justice to the Plantiff.

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