Legal Opinion

McNally CPA's & Consultants, S.C. v. DJ Hosts, Inc.

Court of Appeals of Wisconsin

Decided November 24, 2004No. 03-1159PublishedCited by 7 opinions

1Opinion of the CourtLundsten, J.

¶ 1. The Ho-Chunk Nation purchased 100% of the shares in DJ Hosts, Inc., a for-profit Wisconsin corporation. After the purchase, McNally CPA's, an accounting firm, sued DJ Hosts for money owed. The circuit court dismissed McNally's action based on tribal sovereign immunity. The court reasoned that because the Ho-Chunk, a federally recognized Indian tribe, wholly owns DJ Hosts, the Ho-Chunk's immunity extends to DJ Hosts. We disagree. DJ Hosts argues that the circuit court's decision should be upheld on the alternative ground that the Ho-Chunk is an indispensable party that may not be joined.…

2Cases cited11 opinions

  1. C & L Enterprises Inc. v. Citizen Band Potawatomi Indian Tribe of OklahomaSupreme Court of the United States · 2001
  2. Lambrecht v. Estate of KaczmarczykWisconsin Supreme Court · 2001
  3. Ransom v. St. Regis Mohawk Education & Community Fund, Inc.New York Court of Appeals · 1995
  4. Brownelli v. McCaughtryCourt of Appeals of Wisconsin · 1994
  5. Gavle v. Little Six, Inc.Supreme Court of Minnesota · 1996

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3Cited by7 opinions

  1. J.L. Ward Associates, Inc. v. Great Plains Tribal Chairmen's Health BoardDistrict Court, D. South Dakota · 2012
  2. State Ex Rel. Suthers v. Cash Advance & Preferred Cash LoansColorado Court of Appeals · 2008
  3. Uniband, Inc. v. CommissionerUnited States Tax Court · 2013
  4. Koscielak v. Stockbridge-Munsee CommunityCourt of Appeals of Wisconsin · 2012
  5. Seneca, Dean v. Great Lakes Inter-Tribal Council, Inc.District Court, W.D. Wisconsin · 2022

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