Here:

Initial Brief appellant

Answer brief Appellee

Reply brief

Earlier posting with opinion here.

Baffling.

Here is the opinion in Miccosukee Tribe v. Kraus-Anderson Constr. Co.: 11th Circuit Opinion

And here is the Tribe’s complaint, which includes the 166-page tribal court opinion as an attachment: Miccosukee Complaint w Tribal Court Decision

Here is the court’s summary of the case:

In 2004, Kraus-Anderson Construction Company (“Kraus-Anderson”) sued the Miccosukee Tribe of Indians of Florida (the “Tribe”) for breach of contract in the Miccosukee Tribal Court. The Tribe denied liability and counterclaimed, alleging that Kraus-Anderson was the breaching party. Following a trial on the merits, the Tribal Court denied Kraus-Anderson’s claims and, finding for the Tribe on its counterclaim, awarded the Tribe a judgment of $1.65 million. Kraus-Anderson petitioned the Tribe’s Business Council for leave to appeal the judgment to the Tribe’s General Council, which acts as the Tribal Court of Appeals. The Council denied Kraus-Anderson’s petition.

Kraus-Anderson refused to satisfy the Tribal Court’s judgment, so the Tribe brought suit against Kraus-Anderson in the United States District Court for the Southern District of Florida to enforce it. As an affirmative defense, Kraus-Anderson alleged that, in denying its petition for leave to appeal the Tribal Court’s judgment, the Business Council denied it due process of law, thereby rendering the judgment void. On cross-motions for summary judgment, the district court, relying on principles of comity, held the judgment unenforceable and granted Kraus-Anderson summary judgment. The Tribe now appeals. We reverse and remand the case to the district court with the instruction that it dismiss the case for lack of subject matter jurisdiction.

I’m willing to bet a dollar that the real reason for the 11th Circuit’s decision is based entirely on the fact that the tribal council sits as the tribal appellate court.

If anyone has the appellate briefs, please send. 🙂