Native American Distributing v. Seneca-Cayuga Tobacco C

Tenth Circuit Affirms Immunity for Tribal Business Arms

Matthew L.M. Fletcher1 Comment

In Native American Distributing v. Seneca-Cayuga Tobacco Co., the Tenth Circuit affirmed a district court order dismissing a claim against the company, a wholly owned business of the Seneca-Cayuga Indian Tribe. A closer question was whether the tribe’s officers might be individually liable under Ex parte Young, but the plaintiffs did not properly plead a claim against them in their individual capacities.

Here are the briefs.

And the opinion: native-american-distributing-ca10-opinion

Native American Distributing v. Seneca-Cayuga Tobacco — Briefs in Tenth Circuit

Matthew L.M. Fletcher

This is a case involving the sovereign immunity defense of a tribal corporation before the Tenth Circuit. Oral argument was in March before Judges Briscoe, Gorsuch and Parker. Here are the materials (updated Nov. 18, 2008):

DCT Opinion

Appellant Brief

Appellee Brief

Appellant Reply Brief