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
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
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.
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: