Legal Opinion

Winer v. Penny Enterprises, Inc.

North Dakota Supreme Court

Decided January 28, 2004No. 20030114PublishedCited by 35 opinions

1Opinion of the Court

NEUMANN, Justice.

[¶ 1] Gary Winer appealed from an order and judgment dismissing, without prejudice, his personal injury action against Jerrid Mudgett, Sr., and Jerrid Mudgett, Jr., for lack of subject-matter jurisdiction, and against Penny Enterprises, Inc., for nonjoinder of the Mudgetts as indispensable parties. We conclude the district court correctly ruled it lacked subject-matter jurisdiction over this action brought by a non-Indian plaintiff against Indian defendants for damages resulting from a motor vehicle accident occurring on a state highway within the exterior boundaries of the…

2Cases cited27 opinions

  1. Worcester v. GeorgiaSupreme Court of the United States · 1832
  2. Montana v. United StatesSupreme Court of the United States · 1981
  3. Williams v. LeeSupreme Court of the United States · 1959
  4. White Mountain Apache Tribe v. BrackerSupreme Court of the United States · 1980
  5. Nevada v. HicksSupreme Court of the United States · 2001

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3Cited by35 opinions

  1. James R. Smith v. Salish Kootenai College Court of Appeals of the Confederated Salish and Kootenai Tribes of the Flathead ReservationCourt of Appeals for the Ninth Circuit · 2006
  2. Sanderson v. Walsh CountyNorth Dakota Supreme Court · 2006
  3. White v. Altru Health SystemNorth Dakota Supreme Court · 2008
  4. Rolette County Social Service Board v. B.E.North Dakota Supreme Court · 2005
  5. Gustafson v. Estate of PoitraNorth Dakota Supreme Court · 2011

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

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