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
a.      FEDERAL QUESTION JURISDICTION
b.      Parties cannot create subject matter jurisdiction by agreement.
c.       Mere fact that a dispute concerns a contract or an agreement to arbitrate, without more, does not raise a federal question.
d.      District court has the power to exercise supplemental jurisdiction over all claims that arise out of a common nucleus of operative fact with a substantial federal claim.
e.       SOVERIGN IMMUNITY
f.       Under Indian tribe's agreement waiving its sovereign immunity from suit by bingo facility operator to compel arbitration or to enforce an arbitration award, tribe did not waive immunity as to claims directed against tribe seeking declaration that frozen funds belonged to operator, injunction compelling return of such funds, and accounting and imposition of constructive trust.
g.      Tribal officers are protected by tribal sovereign immunity when they act in their official capacity and within the scope of their authority; however, when they act beyond their authority, they are subject to suit under the doctrine of Ex parte Young, which allows suit for injunctive and declaratory relief against officials notwithstanding sovereign's immunity.
h.      Ex parte Young does not permit individual officers of a sovereign to be sued when the relief requested would, in effect, require the sovereign's specific performance of a contract.

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