Legal Opinion
Bethel Native Corp. v. Department of the Interior
Court of Appeals for the Ninth Circuit
Decided April 6, 2000No. 98-35316PublishedCited by 6 opinions
1Opinion of the Court
GRABER, Circuit Judge:
We are called upon to decide whether the Eleventh Amendment bars the United States from asserting a third-party claim for equitable apportionment of tort liability against a state, when the plaintiff filed an original action in federal court against the United States under the Federal Tort Claims Act (FTCA). We conclude that Eleventh Amendment immunity does not extend to third-party claims brought by the United States against a state in this circumstance.
FACTUAL AND PROCEDURAL BACKGROUND
In August 1992, the United States General Services Administration (GSA) and the…
2Cases cited14 opinions
- Edelman v. JordanSupreme Court of the United States · 1974
- Alden v. MaineSupreme Court of the United States · 1999
- Green v. MansourSupreme Court of the United States · 1986
- Idaho v. Coeur D'Alene Tribe of IdahoSupreme Court of the United States · 1997
- Principality of Monaco v. MississippiSupreme Court of the United States · 1934
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3Cited by6 opinions
- John Doe v. State of Hawaii Dept. of Educ.District Court, D. Hawaii · 2004
- Estate of Nobile v. United StatesDistrict Court, D. Connecticut · 2000
- Reed v. Malone's Mechanical, Inc.District Court, W.D. Arkansas · 2012
- Bethel Native Corp., an Alaska Native Village Corp.,plaintiff v. Department of the Interior Bruce Babbitt, Secretary of the Interior Bureau of Indian Affairs Niles Cesar, Regional Administrator of the Bureau of Indian Affairs Ada Deer, Assistant Secretary of the Interior for Indian Affairs v. United States of America, Defendant-Third-Party-Plaintiff-Appellee v. State of Alaska,third-Party-Defendant-Appellant,and City of Bethel Southwest Fuels,inc. Michael S. Shantz Ben Dale, Third-Party-DefendantsCourt of Appeals for the Third Circuit · 2000
- Constantin v. NavarreteDistrict Court, N.D. California · 2025
1 more not listed; retrieve them via the Exa API.