- 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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