United States Ninth Circuit

In an antitrust action brought by cigarette vendors challenging taxes imposed by virtue of the authority vested in an Indian tribe, judgment of the district court is affirmed where: 1) the tribe has not waived its tribal sovereign immunity as neither the cigarette tax contract nor the dispute resolution clause in the contract constitutes a waiver by the tribe; 2) federal antitrust law does not abrogate tribal sovereign immunity; 3) the tribe's sovereign immunity extends to the tribal officials who were acting in their official capacities and pursuant to the tribe's authority; and 4) the district court correctly held that res judicata bars this action in light of the prior litigation in state and tribal courts.

Appellate Information

• Decided 11/13/2012
• Published 11/13/2012

Judges

• Rawlinson

Court

• United States Ninth Circuit

Counsel