Disturbing Dicta from Federal Court in Arizona

Here is the offending quote:

In March 2009, plaintiff’s son Andy was struck and killed by a Bashas’ truck backing into a loading dock at a supermarket in Chinle, Arizona. In June 2009, plaintiff brought negligence claims against debtors on behalf of herself and the estate in a Navajo tribal court. Although the parties provide little detail on the status of the tribal case, which also involves claims against a property owner and the driver of the truck, we note that non-Indian entities are not subject to the jurisdiction of the tribal court. Plains Commerce Bank v. Long Family Land & Cattle Co.,     U.S.    ,    , 128 S. Ct. 2709, 2726 (2008); Montana v. United States, 450 U.S. 544, 101 S. Ct. 1245 (1981). Nevertheless, the entire case was apparently stayed after debtors entered Chapter 11 bankruptcy in July 2009. Motion, Ex. 3 at 2 (“Because of the automatic stay, no serious discovery has been advanced in the Navajo Nation case.”).

Not really true, it just seems that way.

Here is the order: In re Basha’s

And here is a reference to recent scholarship on how dicta becomes law.