District Court Denies Preliminary Injunction — Oglala Sioux v. C&W Enters.

Indianz reported here. Our previous posting with links to materials is here.

Here is the opinion — dct-order-denying-preliminary-injunction

And the brief filed opposing the injunction from C&W — cw-opposition-to-motion-for-injunction

Oglala Sioux Tribe Wins TRO in Sovereign Immunity Case

The case is Oglala Sioux Tribe v. C&W Enters., on remand to the District of South Dakota from the Eighth Circuit. Here is the order on the TRO — ost-v-cw-dct-order-on-tro

The case involves a contract waiver of immunity through an arbitration clause. Here are the Eighth Circuit materials.

Eighth Circuit: Oglala Sioux Tribe Waiver of Immunity

The Eighth Circuit held in Oglala Sioux Tribe v. C&W Enterprises that the tribe waived its immunity from suit in an enforcement action in state court despite the fact that the tribe had not expressly waived its immunity via the contract. Here are the materials:

appellant-brief

appellee-brief

oglala-v-c&w-ca8-opinion