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BODI v. SHINGLE SPRINGS BAND OF MIWOK INDIANS

No. 14-16121.

832 F.3d 1011 (2016)

Beth A. BODI, Plaintiff-Appellee, v. SHINGLE SPRINGS BAND OF MIWOK INDIANS; Shingle Springs Tribal Health; Timothy Adams, as current Chairperson of the Shingle Springs Tribal Health Board, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed August 8, 2016.

Attorney(s) appearing for the Case

Christopher F. Wohl , (argued), Palmer Kazanjian Wohl Hodson LLP, Sacramento, California; Paula Yost , Sandra R. McCandless , and Ian Barker , Dentons US LLP, San Francisco, California; for Defendants-Appellants.

David Nied , (argued) and Wendy L. Hillger , Ad Astra Law Group, LLP, San Francisco, California, for Plaintiff-Appellee.

Richard D. Monkman , Harry R. Sachse , and Peng Wu ; Sonosky, Chambers, Sachse, Miller & Munson, LLP, Juneau, Alaska; for Amici Curiae Arctic Slope Native Association, LTD and Puyallup Tribe.

Before: M. Margaret McKeown, Robert D. Sack, and Michelle T. Friedland, Circuit Judges.

OPINION

This appeal requires us to decide whether a federally recognized Indian tribe waives its sovereign immunity from suit by exercising its right to remove to federal court a case filed against it in state court. This question has divided the district courts, and it has been reached by only one of our sister...

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