United States Eighth Circuit

In a construction contract dispute involving a federally recognized Native American tribe, an order enjoining a South Dakota state court from confirming an arbitration award against the Oglala Sioux Tribe for lack of subject matter jurisdiction is vacated and remanded where: 1) three of the four contracts subject of the arbitration contained explicit waivers of the tribe-s sovereign immunity; and 2) the tribe waived sovereign immunity as to the fourth contract by agreeing to include it in the same arbitration.

Appellate Information

• Decided 09/05/2008
• Published 09/05/2008

Judges

• ROSENBAUM, District Judge., Before SMITH and GRUENDER, Circuit Judges, and ROSENBAUM, District Judge.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Ronald A. Parsons, Jr., argued, A. Russell Janklow, Shannon R. Falon, on the brief, Sioux Falls, SD, for appellant.


• For Appellees:
  
• Peter Capossela, argued, Walterville, OR, Brett Lee Shelton, on the brief, Rapid City, SD, for appellee.