No. 23-19

Bird Industries, Inc., et al. v. The Tribal Business Council of the Three Affiliated Tribes of the Fort Berthold Indian Reservation

Lower Court: Eighth Circuit
Docketed: 2023-07-06
Status: Denied
Type: Paid
Response Waived
Tags: arbitration arbitration-clause civil-procedure contract contract-interpretation federal-jurisdiction indian-law indian-tribe jurisdictional-waiver sovereign-immunity tribal-law
Key Terms:
Arbitration Privacy Jurisdiction
Latest Conference: 2023-09-26
Question Presented (AI Summary)

Does inclusion of a mandatory arbitration clause in an Agreement with an Indian Tribe waive the Tribe's sovereign immunity?

Question Presented (from Petition)

QUESTIONS PRESENTED 1. Does inclusion of a mandatory arbitration clause in an Agreement with an Indian Tribe waive the Tribe’s sovereign immunity?

Docket Entries

2023-10-02
Petition DENIED.
2023-07-19
DISTRIBUTED for Conference of 9/26/2023.
2023-07-17
Waiver of right of respondents The Tribal Business Council of the Three Affiliated Tribes of the Fort Berthold Indian Reservation to respond filed.
Main DocumentMain Document
2023-07-03
Petition for a writ of certiorari filed. (Response due August 7, 2023)
PetitionCertificate of Word CountProof of ServicePetitionCertificate of Word CountProof of Service

Attorneys

Bird Industries, Inc, et al.
Irvin B Nodland — Petitioner
Irvin B Nodland — Petitioner
The Tribal Business Council of the Three Affiliated Tribes of the Fort Berthold Indian Reservation
Timothy Q. Purdon — Robins Kaplan LLP, Respondent
Timothy Q. Purdon — Robins Kaplan LLP, Respondent