Legal Opinion

Berrey v. Asarco Inc.

Court of Appeals for the Tenth Circuit

Decided February 22, 2006No. 04-5131PublishedCited by 42 opinions

1Opinion of the Court

MURPHY, Circuit Judge.

I. Introduction

Plaintiff-Appellant Quapaw Tribe brought suit against Defendants-Appellees Blue Tee Corporation and Gold Fields Mining, alleging Defendants and their predecessors in interest caused environmental contamination on Quapaw lands as a result of their mining activities in the 1900s. Defendants asserted counterclaims for contribution and indemnity. The Tribe filed a motion to dismiss Defendants’ counterclaims, arguing they were barred by tribal sovereign immunity. The district court denied the motion. It concluded the Tribe had waived its immunity as to…

2Cases cited17 opinions

  1. Santa Clara Pueblo v. MartinezSupreme Court of the United States · 1978
  2. Bull v. United StatesSupreme Court of the United States · 1935
  3. United States v. DalmSupreme Court of the United States · 1990
  4. Oklahoma Tax Comm'n v. Citizen Band of Potawatomi Tribe of Okla.Supreme Court of the United States · 1991
  5. Smith v. BarrySupreme Court of the United States · 1992

12 more not listed; retrieve them via the Exa API.

3Cited by42 opinions

  1. Fogarty v. GallegosCourt of Appeals for the Tenth Circuit · 2008
  2. Luanna Scott v. Family Dollar Stores, Inc.Court of Appeals for the Fourth Circuit · 2013
  3. Breakthrough Management Group, Inc. v. Chukchansi Gold Casino & ResortCourt of Appeals for the Tenth Circuit · 2010
  4. Buck v. City of AlbuquerqueCourt of Appeals for the Tenth Circuit · 2008
  5. Crowe & Dunlevy, P.C. v. StidhamCourt of Appeals for the Tenth Circuit · 2011

37 more not listed; retrieve them via the Exa API.

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