Legal Opinion

BNSF Railway Co. v. Ray

Court of Appeals for the Ninth Circuit

Decided October 27, 2008No. 07-15076PublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM ***

Defendants Delbert W. Ray, Sr., Chief Judge of the Hualapai Tribal Court, and Jolene Cooney, tribal court clerk, (jointly, “Tribal Defendants”) appeal from the district court’s order permanently enjoining them from taking any further action in a wrongful death suit filed in tribal court by the decedents of automobile passengers (“Sullivan Defendants”) against BNSF Railway Company and two of its employees (“Plaintiffs”). We affirm.

1. This case is not moot. The permanent injunction against the Tribal Defendants remains in force regardless of the outcome of any litigation between…

2Cases cited15 opinions

Ex Parte YoungSupreme Court of the United States · 1908
Montana v. United StatesSupreme Court of the United States · 1981
Nevada v. HicksSupreme Court of the United States · 2001
Strate v. A-1 ContractorsSupreme Court of the United States · 1997
Don Laub Debbie Jacobsen Ted Sheely California Farm Bureau Federation v. United States Department of the Interior Gale A. Norton, Secretary, Department of the Interior United States Environmental Protection Agency Marianne Horinko, in Her Official Capacity as Acting Administrator of the U.S. Epa Department of the Army, (Civil Works) Joseph W. Westphal, Dr., in His Official Capacity as Assistant Secretary of the Army (Civil Works) Donald Evans, in His Official Capacity as Secretary, U.S. Department of Commerce United States Department of Commerce U.S. Department of Agriculture Ann M. Veneman, in Her Official Capacity as Secretary, U.S. Department of Agriculture U.S. Army Corps of Engineers Peter T. Madsen, Brigadier General, in His Official Capacity as Commander, South Pacific Division, U.S. Army Corps of Engineers Natural Resources Conservation Service Charles Bell, in His Capacity as California State Conservationist, U.S. Department of Agriculture, Natural Resources Conservation Service National Marine Fisheries Service Rebecca Lent, Dr., Regional Administrator, National Marine Fisheries Service U.S. Fish & Wildlife Service Stephen Thompson, in His Official Capacity as Manager of California-Nevada Operations of the U.S. Fish & Wildlife Service United States Bureau of Reclamation Kirk C. Rodgers, in His Official Capacity as Director, Mid-Pacific Region of the U.S. Bureau of Reclamation Gray Davis, Governor of the State of California California Resources Agency Mary D. Nichols, in Her Official Capacity as Secretary of the California Resources Agency California Environmental Protection Agency Winston Hickox, in His Official Capacity as Secretary of the California Environmental Protection AgencyCourt of Appeals for the Ninth Circuit · 2003

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3Cited by1 opinion

Crowe & Dunlevy, P.C. v. StidhamDistrict Court, N.D. Oklahoma · 2009