your internet resource on facebook on twitter on Google+ on soundcloud
phone: 202 630 8439
Fredericks Peebles & Morgan LLP
Advertise on Indianz.Com
Home > News > Headlines
Print   Subscribe
Oneida Nation prevails as Supreme Court declines immunity case

Filed Under: Business | Law
More on: 7th circuit, immunity, oneida, supreme court, wisconsin

A water tower on the Oneida Nation in Oneida, Wisconsin. Photo: AI

The sovereign immunity of the Oneida Nation remains intact after the U.S. Supreme Court refused to hear a case affecting the Wisconsin-based tribe.

In an order list on Monday, the justices denied a petition in Meyers v. Oneida Tribe of Indians of Wisconsin. The move, which was issued without comment, affirms an appeals court decision that backed the tribe's immunity.

The action also means the justices won't be adding a second tribal immunity case to their workload. Oral arguments were heard in January in Lewis v. Clarke, which so far is the only Indian law case on the docket, and a decision is pending.

As for the Oneida Nation, the 7th Circuit Court of Appeals last September ruled that the tribe can't be sued for allegedly violating the Fair and Accurate Credit Transaction Act. The tribe has not waived its immunity and Congress did not abrogate the tribe's immunity through the law, the unanimous decision stated.

"Congress has demonstrated that it knows how to unequivocally abrogate immunity for Indian tribes. It did not do so in FACTA," Judge Illana Rovner wrote in the 18-page decision.

Indianz.Com SoundCloud: Oral arguments in Meyers v. Oneida Indian Tribe of Wisconsin

The dispute arose after a customer named Jeremy Meyers used his credit card at two tribally-owned businesses. The receipt printed more than five digits of his card and even included the expiration date, according to the court' s decision.

FACTA was written to prevent that kind of sensitive information from being disseminated by any "person." In the law, Congress defines "person" as "any individual, partnership, corporation, trust, estate, cooperative, association, government or governmental subdivision or agency, or other entity."

Even though tribes are not mentioned anywhere in the law, Meyers argued that the definition of "person" includes tribes. The 7th Circuit was not convinced.

"Perhaps if Congress were writing on a blank slate, this argument would have more teeth, but Congress has demonstrated that it knows full well how to abrogate tribal immunity," Rovner wrote.

Meyers also argued that tribes should be treated under the law as a "government" like any other government. Rovner shot down that as well.

"Meyers has lost sight of the real question in this sovereign immunity case— whether an Indian tribe can claim immunity from suit," the decision stated. "The answer to this question must be 'yes' unless Congress has told us in no uncertain terms that it is 'no.'"

Meyers, though, apparently doesn't like being told "no" and has just filed a petition with the Supreme Court in a separate but similar case. He's suing a restaurant in Wisconsin for allegedly violating FACTA but the 7th Circuit said he lacked standing to do so.

7th Circuit Court of Appeals Decisions:
Meyers v. Oneida Indian Tribe of Wisconsin (September 9, 2016)
Meyers v. Nicolet Restaurant of DePere (December 13, 2016)

Related Stories:
Oneida Nation can't be sued under federal credit reporting law (09/13)

Copyright © Indianz.Com
More headlines...

Latest Headlines:

Family from Crow Tribe wins right to pursue lawsuit against federal agent
Mark Trahant: Republican health care reform bill impacts Indian Country
Steve Russell: Republican answer to Obamacare only benefits the wealthy
Hualapai Tribe learns more about citizen who was killed on duty in Vietnam
Zia Pueblo wants symbol removed from flag of city in far-away Wisconsin
Northern Cheyenne Tribe won't touch coal deposit despite economic woes
Life-saving road for Native village inches forward in Alaska and in D.C.
Two more Pueblo tribes challenge state's demand for gaming revenue
Wilton Rancheria won't comment on status of gaming compact talks
Trump administration rolls out first rule under historic trust reform law
Interior Department sends out another $13.1M in Cobell buy-back offers
Senate Committee on Indian Affairs headed to New Mexico for hearing
House committee again leaves out Indian Country in hearing on Interior
Mark Maxey: Oklahoma tries to crush Native protesters with new law
Carletta Tilousi: Havasupai Tribe threatened by uranium development
Opinion: Don't be fooled by Jimmie Durham's claims of Cherokee heritage
Opinion: Economic development for Indian Country in upcoming farm bill
Government worker suspended after calling Native principal a 'rabid s----'
Kiowa citizen Tristan Ahtone to report on tribes for High Country News
New York Times features Dina Gilio-Whitaker in editorial on health care
Tribes break ground on monument to their history in Virginia's capitol
Warm Springs Tribes battle large wildfire that broke out behind casino
Spokane Tribe casino doesn't bother Air Force despite claims in lawsuit
Tribes in for long haul as oil continues to flow through Dakota Access
Mark Trahant: Don't plan on getting sick if you're from Indian Country
Tiffany Midge: I shall joke as long as the grass grows and the rivers flow
Director of Office of Indian Energy deletes offensive Twitter account
States cheer decision on grizzly bears amid tribal concerns about hunts
Washington asks high court to overturn Yakama Nation treaty victory
New York Times editorial board reconsiders stance on racist trademarks
Colville Tribes remove council member a week before citizens go to polls
Marijuana firm promises big investments with help of ex-Seminole chair
Lumbee Tribe ordered to release voter list to opponents of chairman
National Indian Gaming Association chooses David Bean as vice chair
Eastern Cherokee citizen promoted to vice president of casino marketing
Tribes in Connecticut waiting on governor to sign bill for new casino
Secretary Zinke removes protections for grizzlies over tribal objections
Court sets final deadline for remaining payments from Cobell settlement
Mary Annette Pember: Indian Child Welfare Act strengthens our families
Peter d'Errico: Navajo authors offer fresh perspective on sovereignty
Native woman was jailed and forced to ride with assailant during trial
Ute Mountain Ute Tribe challenges new permit for uranium operation
Montana tribes get new member of Congress who pleaded to assault
Connecticut tribes welcome court decision favoring new casino law
Pueblo tribes dispute state's demand for $40M in gaming revenues
Mashpee Wampanoag Tribe remains confident of approval of casino
Nooksack Tribe accepting slot tickets while casino remains closed
Key House committee under fire for moving slowly on tribal agenda
Tribes go it alone on climate change as Trump team shifts priorities
Bryan Newland: President Trump's budget threatens tribal treaties
Steve Russell: The GI Bill changed the United States for the better
Harold Monteau: Democrats lack proactive agenda, proactive strategy
St. Regis Mohawk Tribe orders 20 non-citizens to leave reservation
Wilton Rancheria accused of working too closely with city on casino
Witness list for hearing on bill to reform the Indian Health Service
Arne Vainio: What does the princess want to be when she grows up?
Doug George-Kanentiio: 'Spirit Game' brings Iroquois lacrosse to life
Cronkite News: Navajo activist vows fight against racist NFL mascot
Eric Hannel: Addressing the health care crisis among Native Americans
Bill for tribal regalia at graduation ceremonies advances in California
>>> more headlines...

Home | Arts & Entertainment | Business | Canada | Cobell Lawsuit | Education | Environment | Federal Recognition | Federal Register | Forum | Health | Humor | Indian Gaming | Indian Trust | Jack Abramoff Scandal | Jobs & Notices | Law | National | News | Opinion | Politics | Sports | Technology | World

Indianz.Com Terms of Service | Indianz.Com Privacy Policy
About Indianz.Com | Advertise on Indianz.Com

Indianz.Com is a product of Noble Savage Media, LLC and Ho-Chunk, Inc.