Last December, the federal court denied the Cherokee Nation’s motion to dismiss Vann v. Kempthorne. The Nation had argued that it was a necessary and indispensable party under FRCP 19. And, because it hadn’t waived its immunity, the Nation argued that the federal case must be dismissed. The United States argued that the case should be dismissed under the tribal court exhaustion doctrine. The court disagreed.

Vann 2nd Amended Complaint

Cherokee Motion to Dismiss

Opposition to Cherokee Motion

Cherokee Reply Brief

US Brief

Order Denying Motion

My own article on Rule 19 and tribal interests is here.