Oglala Sioux Tribe loses sovereign immunity case
Monday, September 8, 2008
Filed Under:
Business
|
Law
The
Oglala Sioux
Tribe of South Dakota owes an Indian-owned firm $1.2 million, the
8th Circuit Court of Appeals ruled on Friday.
The tribe signed several contracts with C&W Enterprises for road work on the Pine Ridge Reservation. The construction projects were funded by the
Bureau of Indian Affairs.
The tribe and C&W went through several arbitration disputes and the last one ended with a $1.2 million award in C&W's favor. The 8th Circuit ruled that the tribe waived its immunity through the contracts and by participating in arbitration.
"The [Supreme] Court found, as this Circuit has
done previously, that an arbitration clause alone was sufficient to expressly waive
sovereign immunity to a state court enforcement action," the 8th Circuit wrote, citing a 2001 U.S. Supreme Court decision.
Get the Story:
Oglala tribe must pay contractor $1.2 million
(The Sioux Falls Argus Leader 9/5)
8th Circuit Decision:
Oglala Sioux Tribe v. C&W Enterprises (September 5, 2008)
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