Contour Spa at the Hard Rock, Inc. v. Seminole Tribe of Florida

MARCUS, Circuit Judge:

This case arises out of a leasing agreement between Contour Spa (“Contour”) and the Seminole Tribe of Florida (“the Tribe”) that turned sour. Contour appeals from a district court order dismissing its Amended Complaint for lack of subject matter jurisdiction on account of the Tribe’s sovereign immunity. Contour offers three reasons to avoid immunity: first, and most basic, Contour claims that the Tribe’s removal of this case to federal court constitutes a voluntary waiver of the Tribe’s immunity, relying on the Supreme Court’s Eleventh Amendment case of Lapides v. Bd. of…