Bradley v. Crow Tribe of Indians

*84¶23 I dissent. While I generally agree with the Court’s holding, but not its reasoning, that the District Court’s contract analysis is in error, I strongly disagree with the Court’s conclusion at ¶ 21 that the District Court properly decided Paragraph 11 of the Bradley/Crow Tribe contract “was sufficient to waive jurisdictional objections.” Indeed, because the contract was not a sufficient waiver of tribal immunity, I would affirm the District Court for reaching the correct result, albeit for the wrong reason.

¶24 There are two fundamental issues of jurisdiction present in this case, tribal…