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TUESDAY, JULY 30, 2002

The 9th Circuit Court of Appeals on Monday announced it won't rehear a case challenging the sovereign immunity of a California tribe.

A three-judge panel declined a request by American Vantage Companies Inc. The company was suing the Table Mountain Rancheria for alleged breach of contract.

The rancheria terminated a gaming agreement one year early and after having received funds from American Vantage. But the appeals court said the tribe and its casino, both of which are unincorporated, are immune from lawsuit for purposes of a federal law.

"Most courts to have considered the question — includ-ing the First, Second, Eighth and Tenth Circuits — agree that unincorporated Indian tribes cannot sue or be sued in diversity because they are not citizens of any state," Circuit Judge Raymond C. Fisher wrote for the majority in a ruling originally issued June 14.

Get the Case:
AM. VANTAGE CO., INC. v. TABLE MOUNTAIN RANCHERIA, No. 00-17355 (9th Cir. July 29, 2002)