This can be what happens when you sue someone while represented by an attorney who is not licensed in the proper state bar. The court dismissed the tort claim against the tribe because the attorney wasn’t licensed in California, but noted it would have dismissed the claim for lack of subject matter jurisdiction, too.
subject matter jurisdiction
UNITE HERE v. Pala Band — Federal Court Lacks Jurisdiction over Petition to Enforce Arbitration Award
From the opinion:
On December 11, 2007 Petitioner Unite Here (“Petitioner” or “Unite Here”) filed this petition to confirm an arbitration award against Respondent Pala Band of Mission Indians (“Respondent” or “Pala Band”). (Doc. No. 1.) On April 4, 2008 Respondent moved to dismiss the petition for lack of subject matter jurisdiction. (Doc. No. 4.) The Court decides the matter on the papers submitted and without oral argument. See S.D. Cal. Civ. R. 7.1(d) (1). For the following reasons, the Court GRANTS Respondent’s motion and DISMISSES Petitioner’s petition.
Pala Band of Mission Indians motion to dismiss
Samish Indian Tribe v US — DCT Dismisses for Lack of Jurisdiction
This case may harbor some bad news for Michigan tribes who had been administratively terminated and still hoping to be able to recover for the years that the federal government illegally failed to provide services.
samish-second-amended-complaint
us-motion-to-dismiss-samish-complaint
samish-report-on-why-discovery-should-be-permitted
us-supplement-brief-re-motion-to-dismiss
Turtle Talk 