C & L ENTERPRISES, INC.
v.
CITIZEN BAND POTAWATOMI INDIAN TRIBE OF OKLAHOMA
United States Supreme Court.https://leagle.com/images/logo.png
Argued March 19, 2001.
Decided April 30, 2001.
Attorney(s) appearing for the Case
John D. Mashburn argued the cause for petitioner. With him on the briefs was James W. Carlton, Jr.
Gregory S. Coleman, Solicitor General of Texas, argued the cause for the State of Texas et al. as amici curiae urging reversal. With him on the brief were John Cornyn, Attorney General, Andy Taylor, First Assistant Attorney General, Rick Thompson, Assistant Solicitor General, and by the Attorneys General for their respective States as follows: Bill Pryor of Alabama, Mark Pryor of Arkansas, Carla J. Stovall of Kansas, Mike Moore of Mississippi, Don Stenberg of Nebraska, and Mark Barnett of South Dakota.
Michael Minnis argued the cause for respondent. With him on the brief were David McCullough and David J. Bederman.
Gregory G. Garre argued the cause for the United States as amicus curiae in support of respondent. With him on the brief were Solicitor General Waxman, Assistant Attorney General Schiffer, and Deputy Solicitor General Kneedler.
Ginsburg, J., delivered the opinion for a unanimous Court.
United States Supreme Court.
Justice Ginsburg, delivered the opinion of the Court.
In Kiowa Tribe of Okla. v. Manufacturing Technologies, Inc.,523 U.S. 751 (1998), this Court held that an Indian tribe is not subject to suit in a state court—even for breach of contract involving off-reservation commercial conduct—unless "Congress has authorized the suit or the tribe has waived its immunity." Id., at 754. This case concerns the...
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