Tuesday, May 20, 2014

Tamiami Partners v. Miccosukee Tribe of Indians of Florida case brief

  1. Tamiami Partners v. Miccosukee Tribe of Indians of Florida case brief
a.      FEDERAL JURISDICTION- IMMUNITY FROM SUIT
b.      Federal Jurisdiction exists only when a federal question is presented on the face of the plaintiff’s properly pleaded complaint
c.       The jurisdictional question in this case is not affected by the fact that tribal immunity is governed by federal law.
d.      The right to be protected against an unlawful exercise of tribal court judicial power is such a claim arising under federal law “because federal law defines the outer boundaries of an Indian tribe’s power over non-Indians.
e.       Here Plaintiff did not sufficiently plead and the court declined to amend.
f.       Federal question jurisdiction does not exist simply because an Indian is a party or because the lawsuit involves Indian property or contracts.
g.      Waiver: Even though the parties’ agreement contains a limited waiver of sovereign immunity, this waiver cannot grant federal court jurisdiction where it otherwise would not exist.

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