Recently, a federal judge in Nebraska stayed a federal claim that the Omaha tribe has no authority to require on-reservation, non-Indian liquor vendors to obtain a tribal license to sell liquor.

The judge noted that this appears to be a question of first impression (“While the briefing has been excellent, neither side has given me a case that is squarely on point regarding whether exhaustion is required in these circumstances. As a result, I must read the ‘tea leaves.'”), but correctly stayed the case until the tribal court had a chance to opine on the jurisdiction questions.

The 2nd amended complaint is here: Complaint

The tribal motion to dismiss is here: Motion to Dismiss

The opposition is here: Opposition to Motion to Dismiss

The reply is here: Reply Brief

The court’s stay order and opinion is here: DCT Order Denying Motion to Dismiss