Contract Breach Claim against Delaware Tribal Officials Survives in Pennsylvania Federal Court

Here are the materials in Magyar v. Kennedy (E.D. Pa.):

11 Motion to Dismiss

12 Response

18 Reply

23 Motion to Dismiss Count 1

24 Response

31 DCT Order Denying Motion to Dismiss Count 1

An excerpt:

Thus, based upon an examination of the Second Amended Complaint and its Exhibits, we determine that Plaintiff has met his burden to convince us that Defendants acted beyond their official capacity and outside the scope of their authority when they terminated Plaintiff’s Agreements and failed to compensate Plaintiff for the services he rendered in June 2012. Accordingly, we conclude that the Second Amended Complaint alleges facts sufficient to persuade us that Defendants are not protected by sovereign immunity in connection with Count One of the Second Amended Complaint.