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SHARBER v. SPIRIT MOUNTAIN GAMING INC.

No. 01-35500.

343 F.3d 974 (2003)

Steven SHARBER, Plaintiff-Appellant, v. SPIRIT MOUNTAIN GAMING INC., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided May 15, 2003.

Redesignated for Publication September 4, 2003.

Attorney(s) appearing for the Case

William R. Goode, Portland, Oregon, argued for the plaintiff-appellant.

Courtney W. Wiswall, Portland, Oregon, argued for the defendant-appellee. Charles F. Adams and Paul C. Buchanan joined her on the briefs.

Before THOMAS M. REAVLEY, ALEX KOZINSKI and William A. FLETCHER, Circuit Judges.

Argued and Submitted November 4, 2002 — Seattle, Washington.

PER CURIAM:

1. The district court did not err in concluding that tribal courts should have first opportunity to determine whether they have jurisdiction to hear actions based on the Family and Medical Leave Act. See Iowa Mut. Ins. Co. v. LaPlante, 480 U.S. 9, 15, 107 S.Ct. 971, 94 L.Ed.2d 10 (1987) ("[A]lthough the existence of tribal court jurisdiction...

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