Legal Opinion
Oglala Sioux Tribe v. Schwarting
District Court, D. Nebraska
Decided October 1, 2012No. 4:12-CV-3027PublishedCited by 7 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
JOHN M. GERRARD, District Judge.
The plaintiff, the Oglala Sioux Tribe, has sued several manufacturers, distributors, and retailers of beer and other alcoholic beverages, for damages arising out of the sale of alcohol in Whiteclay, Nebraska, for consumption on the nearby Pine Ridge Indian Reservation. The defendants have filed motions to dismiss the Tribe’s complaint, arguing that it fails to state a claim for relief. But the initial question for the Court is whether the Tribe’s complaint states a claim that belongs in federal court.
The Court is in no position, procedurally…
2Cases cited36 opinions
- Merrell Dow Pharmaceuticals Inc. v. Thompson Ex Rel. ThompsonSupreme Court of the United States · 1986
- Grable & Sons Metal Products, Inc. v. Darue Engineering & ManufacturingSupreme Court of the United States · 2005
- Central Bank of Denver, N. A. v. First Interstate Bank of Denver, N. A.Supreme Court of the United States · 1994
- Empire Healthchoice Assurance, Inc. v. McVeighSupreme Court of the United States · 2006
- Joseph Osborn and Pamela Osborn, Individually and as Father and Mother and Guardians Ad Litem of Shawna Osborn v. United StatesCourt of Appeals for the Eighth Circuit · 1990
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3Cited by7 opinions
- Johnson v. ChampionsDistrict Court, S.D. Alabama · 2014
- Strong v. Rushmore Loan Management ServicesDistrict Court, D. Nebraska · 2025
- Temple v. LangdeauDistrict Court, D. South Dakota · 2021
- Whalen v. Oglala Sioux Tribe Executive OfficersDistrict Court, D. South Dakota · 2021
- Wilson v. Department of InteriorDistrict Court, D. South Dakota · 2023
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