Legal Opinion
American Vantage Companies, Inc. v. Table Mountain Rancheria
Court of Appeals for the Ninth Circuit
Decided July 29, 2002No. 00-17355PublishedCited by 68 opinions
1Opinion of the Court
FISHER, Circuit Judge.
We hold that an unincorporated Indian tribe such as appellee is not a “citizen” of a state within the meaning of the federal diversity statute, 28 U.S.C. § 1332(a)(1), and thus cannot sue or be sued in diversity. The district court’s dismissal of this action for want of subject matter jurisdiction is affirmed.
FACTS AND PROCEDURAL BACKGROUND
Appellee Table Mountain Ranchería (“Table Mountain”) is a federally recognized Indian tribe located in Fresno County, California, where it owns and operates a casino on reservation land. Neither the tribe nor the casino is incorporated…
2Cases cited42 opinions
- Merrell Dow Pharmaceuticals Inc. v. Thompson Ex Rel. ThompsonSupreme Court of the United States · 1986
- Santa Clara Pueblo v. MartinezSupreme Court of the United States · 1978
- Moor v. County of AlamedaSupreme Court of the United States · 1973
- United States v. WheelerSupreme Court of the United States · 1978
- Worcester v. GeorgiaSupreme Court of the United States · 1832
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3Cited by68 opinions
- Mark S. Allen v. Gold Country Casino the Berry Creek Rancheria of Tyme Maidu Indians Mattie MayhewCourt of Appeals for the Ninth Circuit · 2006
- United States v. VidalCourt of Appeals for the Ninth Circuit · 2007
- Terry v. Tyson Farms, Inc.Court of Appeals for the Sixth Circuit · 2010
- United States v. James Cabaccang, United States of America v. Richard T. Cabaccang, United States of America v. Roy Toves CabaccangCourt of Appeals for the Ninth Circuit · 2003
- Inyo County, California v. Paiute-Shoshone Indians of the Bishop Community of the Bishop ColonySupreme Court of the United States · 2003
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