Nenana Fuel Co. v. Native Village of Venetie

I dissent.

The superior court held that the section 16 IRA Native Village of Venetie Tribal Government possesses sovereign immunity and that this immunity had not been waived. The superior court further held that the “sue and be sued clause” of Vene-tie’s section 17 corporate charter was sufficient to waive the corporation’s sovereign immunity, but stayed further action against Venetie’s section 17 corporation requiring Nenana Fuel to first exhaust its tribal court remedies. National Farmers Union Ins. Co. v. Crow Tribe of Indians, 471 U.S. 845,105 S.Ct. 2447, 85 L.Ed.2d 818 (1985); Iowa Mut.…