Romanella v. Hayward, 114 F.3d 15 (2d Cir. 1997). · Go Syfert
Romanella v. Hayward, 114 F.3d 15 (2d Cir. 1997). Cases Citing This Book View Copy Cite
60 citation events (36 in the last 25 years) across 20 distinct courts.
Strongest positive: Rich v. Akwesasne Mohawk Casino Resort (nynd, 2024-08-06)
Treatment trajectory · 1997 → 2026 · click a year to view as-of
1997 2011 2026
Top citers, strongest first. 21 distinct citers.
examined Cited as authority (rule) Rich v. Akwesasne Mohawk Casino Resort (3×) also: Cited "see"
N.D.N.Y. · 2024 · confidence medium
“An Indian Tribe is not a citizen of any state for the purposes of diversity jurisdiction.” Frazier v. Brophy, 358 F. App’x 212, 213 (2d Cir. 2009) (summary order) (citing Romanella v. Hayward, 114 F.3d 15, 16 (2d Cir. 1997) (per curiam), and Frazier v. Turning Stone Casino, 254 F. Supp. 2d at 304 ).
discussed Cited as authority (rule) Hyman v. Mashantucket Pequot Indian Tribe of Connecticut (2×)
D. Conn. · 2022 · confidence medium
See Oneida Indian Nation v. County of Oneida, 414 U.S. 661, 666 (1974) (discussing limitations on federal question jurisdiction); Romanella v. Hayward, 114 F.3d 15, 16 (2d Cir. 1997) (discussing diversity jurisdiction and the MPTN).
cited Cited as authority (rule) Barton v. Northeast Transport, Inc.
S.D.N.Y. · 2022 · confidence medium
Courts are to “strictly construe the diversity statute.” Romanella v. Hayward, 114 F.3d 15, 16 (2d Cir. 1997) (citing Healy v. Ratta, 292 U.S. 263 (1934)).
cited Cited as authority (rule) Miller v. Aranas
D. Nev. · 2021 · confidence medium
Auth., 114 F.3d 15 976, 978 (9th Cir. 1997)).
discussed Cited as authority (rule) Payne ex rel. Estate of Hamrick v. Mississippi Band of Choctaw Indians
S.D. Miss. · 2015 · confidence medium
Corp. v. Narragansett Indian Wetuomuck Housing Auth., 207 F.3d 21, 27 (1st Cir.2000) (“T]he presence of an Indian tribe destroys complete diversity” because “[a]n Indian tribe ... is not considered to be a citizen of any state” and consequently “is analogous to a' stateless person for jurisdictional purposes.”); Romanella v. Hayward, 114 F.3d 15, 16 (2d Cir.1997) (“[A]n Indian tribe is not a citizen of any state.... ”); Gaines v. Ski Apache, 8 F.3d 726, 729 (10th Cir.1993) (“Indian tribes are not citizens of any state for purposes of diversity jurisdiction.”); Standing Rock…
discussed Cited as authority (rule) Frazier v. Brophy (2×)
2d Cir. · 2009 · confidence medium
Romanella v. Hayward, 114 F.3d 15, 16 (2d Cir.1997); Frazier, 254 F.Supp.2d at 304 . (“[T]he Court cannot assert diversity jurisdiction over this action as long as the Oneida Indian Nation (“Oneida Nation”) and the Casino are Defendants.”).
discussed Cited as authority (rule) Frazier v. Brophy (2×)
2d Cir. · 2009 · confidence medium
Romanella v. Hayward, 114 F.3d 15, 16 (2d Cir.1997); Frazier, 254 F.Supp.2d at 304 . (“[T]he Court cannot assert diversity jurisdiction over this action as long as the Oneida Indian Nation (“Oneida Nation”) and the Casino are Defendants.”).
discussed Cited as authority (rule) Frazier v. Turning Stone Casino
N.D.N.Y. · 2003 · confidence medium
Corp., 207 F.3d at 27 (citations omitted). “[A]n Indian tribe [, however,] is not a citizen of any state for purposes of diversity jurisdiction!.]” Romanella v. Hayward, 114 F.3d 15, 16 (2d Cir.1997) (per curiam) (citation omitted). 3 Thus, “a tribe is analogous to a stateless person for jurisdictional purposes.” Ninigret Dev.
examined Cited as authority (rule) American Vantage Companies, Inc. v. Table Mountain Rancheria (4×) also: Cited "see"
9th Cir. · 2002 · confidence medium
They “retain[ ] their original natural rights” as “aboriginal entities] antedating the federal [and state] government^].” Romanella, 114 F.3d at 16.
discussed Cited as authority (rule) Franceskin v. Credit Suisse
2d Cir. · 2000 · confidence medium
Cf. Healy v. Ratta, 292 U.S. 263, 270 , 54 S.Ct. 700 , 78 L.Ed. 1248 (1934) (“The policy of the [diversity] statute calls for its strict construction.”); Romanella v. Hayward, 114 F.3d 15, 16 (2d Cir.1997) (per curiam) (noting “requirement that we strictly construe the diversity statute”). 2 Therefore, for jurisdictional purposes, there is no diversity of citizenship between appellant and CS. b) Executor and Other Interpleader-Counter Defendants CS interpleaded the Executor and certain Argentine beneficiaries of Durante’s will (collectively, the “counter-defendants”), and the Exe…
discussed Cited as authority (rule) Guillermo V. Franceskin v. Credit Suisse
2d Cir. · 2000 · confidence medium
Cf. Healy v. Ratta, 292 U.S. 263, 270 (1934) ("The policy of the [diversity] statute calls for its strict construction."); Romanella v. Hayward, 114 F.3d 15, 16 (2d Cir. 1997) (per curiam) (noting "requirement that we strictly construe the diversity statute"). 2 23 Therefore, for jurisdictional purposes, there is no diversity of citizenship between appellant and CS. 24 b) Executor and Other Interpleader-Counter Defendants 25 CS interpleaded the Executor and certain Argentine beneficiaries of Durante's will (collectively, the "counter-defendants"), and the Executor made a claim in interpleader …
discussed Cited as authority (rule) Ninigret Development Corp. v. Narragansett Indian Wetuomuck Housing Authority (2×) also: Cited "see"
1st Cir. · 2000 · confidence medium
See Akins v. Penobscot Nation, 130 F.3d 482, 485 (1st Cir.1997); Romanella v. Hayward, 114 F.3d 15, 16 (2d Cir.1997) (per curiam); Gaines v. Ski Apache, 8 F.3d 726, 729 (10th Cir.1993).
discussed Cited as authority (rule) Barker-Hatch v. Viejas Group Baron Long Capitan Grande Band of Digueno Mission Indians of Viejas Group Reservation
S.D. Cal. · 2000 · confidence medium
Romanella v. Hayward, 114 F.3d 15, 16 (2d Cir.1997) (Indian tribes are not citizens of any state for purposes of diversity jurisdiction); Gaines v. Ski Apache, 8 F.3d 726, 729 (10th Cir.1993) (same); Weeks Constr., Inc. v. Oglala Sioux Housing Auth., 797 F.2d 668 , 673 n. 5 (8th Cir.1986) (same); Standing Rock Sioux Indian Tribe v. Dorgan, 505 F.2d 1135, 1140 (8th Cir.1974) (same); Oneida Indian Nation v. Oneida County, 464 F.2d 916 , 922-23 (2d Cir.1972), rev’d on other grounds, 414 U.S. 661 , 94 S.Ct. 772 , 39 L.Ed.2d 73 (1974); Calumet Gaming Group-Kansas v. Kickapoo Tribe, 987 F.Supp. 13…
discussed Cited as authority (rule) Calumet Gaming Group-Kansas, Inc. v. Kickapoo Tribe of Kansas (2×) also: Cited "see, e.g."
D. Kan. · 1997 · confidence medium
Consequently, Calumet and the Tribe are not citizens of different states, and the court may not exercise diversity jurisdic *1325 tion here. 2 See also Romanella v. Hayward, 114 F.3d 15, 16 (2d Cir.1997) (tribe is not a citizen of any state for diversity purposes); Standing Rock Sioux Indian Tribe v. Dorgan, 505 F.2d 1135, 1140 (8th Cir.1974) (same).
cited Cited "see" Auriemma Consulting Group, Inc. v. Universal Savings Bank, F.A.
E.D.N.Y · 2005 · signal: see · confidence high
Sterling, 2003 WL 22227960 at *1; Miller, 30 F.Supp.2d. at 350; see Romanella v. Hayward, 114 F.3d 15, 16 (2d Cir.1997); Casul v. Modell’s N.Y.
discussed Cited "see" Bassett v. Mashantucket Pequot Museum & Research Center Inc. (2×) also: Cited "see, e.g."
D. Conn. · 2002 · signal: see · confidence high
See Romanella, 933 F.Supp. at 167 (extending tribal immunity to tribal members in charge of maintenance of parking lot on which plaintiff slipped), aff'd on other grounds, 114 F.3d 15 (2d Cir.1997); Wallett v. Anderson, 198 F.R.D. 20, 24 (D.Conn.2000) (assuming for purposes of immunity inquiry that attorney employed by Indian casino is “tribal official”), cf. Kiowa, 523 U.S. at 755, 758 , 118 S.Ct. 1700 (declining to distinguish between a tribe’s commercial and governmental activities).
cited Cited "see" Ninigret Development Corp. v. Narragansett Indian Wetuomuck Housing Authority
D.R.I. · 1999 · signal: see · confidence high
See Romanella v. Hayward, 114 F.3d 15, 16 (2d Cir.1997) (cited by the First Circuit in Akins v. Penobscot Nation, 130 F.3d 482, 485 (1st Cir.1997)).
examined Cited "see" Matimak Trading Co. v. Albert Khalily, D/B/A Unitex Mills, Inc., and D.A.Y. Kids Sportswear Inc. (4×)
2d Cir. · 1997 · signal: see · confidence high
See Romanella v. Hayward, 114 F.3d 15, 16 (2d Cir.1997) (citing Healy v. Ratta, 292 U.S. 263, 270 , 54 S.Ct. 700, 703 , 78 L.Ed. 1248 (1934)).
discussed Cited "see, e.g." New York Metropolitan Regional Center, L.P. II v. Mammoet USA Holding, Inc.
S.D.N.Y. · 2021 · signal: see also · confidence medium
Moreover, because “federal courts are courts of limited jurisdiction and, as such, lack the power to disregard such limits as have been imposed by the Constitution or Congress,” Purdue Pharma L.P. v. Kentucky, 704 F.3d 208, 213 (2d Cir. 2013) (internal quotation marks omitted), it is “well established . . . that federal jurisdiction is not to be extended beyond the scope permitted by a strict construction of the statute upon which it rests.” Kresberg v. Int’l Paper Co., 149 F.2d 911, 913 (2d Cir. 1945); see, e.g., Healy v. Ratta, 292 U.S. 263, 270 (1934) (“The policy of the [divers…
discussed Cited "see, e.g." Patterson v. Rodgers
D. Conn. · 2010 · signal: see also · confidence medium
Co. v. Housing Authority of Hartford, 711 F.2d 501, 503 (2d Cir.1983) (“It is common ground that in our federal system of limited jurisdiction any party or the court sua sponte, at any stage of the proceedings, may raise the question of whether the court has subject matter jurisdiction; and, if it does not, dismissal is mandatory.”); see also Romanella v. Hayward, 114 F.3d 15, 16 (2d Cir.1997) (affirming dismissal of negligence action due to lack of subject matter jurisdiction). 1.
discussed Cited "see, e.g." Doe v. Oneida Indian Nation
N.Y. App. Div. · 2000 · signal: see also · confidence low
Tribes are immune from suits arising from their commercial activities, whether conducted on or off the reservation (see, Kiowa Tribe of Oklahoma v Manufacturing Technologies, 523 US 751 , 760; see also, Romanella v Hayward, 933 F Supp 163 , affd 114 F3d 15 [immunity bars suit by a plaintiff who slipped and fell in the parking lot of a tribe’s casino]).
Emilia Romanella
v.
Richard Hayward Mashantucket Pequot Tribal Nation, a Federally Recognized Tribe That Owns Reservation Lands and Non-Reservation Lands in Ledyard, Connecticut Richard Libby, Director of Maintenance
1366.
Court of Appeals for the Second Circuit.
May 23, 1997.
114 F.3d 15
Cited by 13 opinions  |  Published

114 F.3d 15

Emilia ROMANELLA, Plaintiff-Appellant,
v.
Richard HAYWARD; Mashantucket Pequot Tribal Nation, a
federally recognized tribe that owns reservation lands and
non-reservation lands in Ledyard, Connecticut; Richard
Libby, Director of Maintenance, Defendants-Appellees.

No. 1366, Docket 96-9222.

United States Court of Appeals,
Second Circuit.

Argued May 12, 1997.
Decided May 23, 1997.

Robert I. Reardon, The Reardon Law Firm, P.C., New London, for Plaintiff-Appellant.

David S. Williams, Brown, Jacobson, Tillinghast, Lahan & King, P.C. (Elizabeth Conway, of counsel), Norwich, for Defendants-Appellees.

Before: CARDAMONE and WINTER, Circuit Judges, and ROSS, District Judge.[*]

PER CURIAM:

[*~15]1

Emilia Romanella appeals from Judge Nevas's dismissal of her negligence action on grounds of lack of diversity jurisdiction and Indian tribal sovereign immunity. We agree that an Indian tribe is not a citizen of any state for purposes of diversity jurisdiction and affirm for substantially the reasons stated by the district court. See Romanella v. Hayward, 933 F.Supp. 163, 165-67 (D.Conn.1996). The district court was correct in treating the tribe as an indispensable party and holding that it could exercise diversity jurisdiction only if the tribe--whose reservation is wholly located in Connecticut--were a citizen of Connecticut. Id. at 166. Because the lack of diversity of citizenship is a fatal bar to the exercise of jurisdiction, we need not reach the question of whether sovereign immunity would bar Romanella's suit.

2

We write further only to underline that the conclusion that an Indian tribe is not a citizen of any state is reinforced by the requirement that we strictly construe the diversity statute. See Healy v. Ratta, 292 U.S. 263, 270, 54 S.Ct. 700, 703, 78 L.Ed. 1248 (1934); see also Indianapolis v. Chase Nat'l Bank, 314 U.S. 63, 76, 62 S.Ct. 15, 20, 86 L.Ed. 47 (1941); Gilman v. BHC Securities, Inc., 104 F.3d 1418, 1428 (2d Cir.1997). Romanella asks us to treat the tribe as an unincorporated association, but in light of Indian tribes' status as " 'distinct, independent political communities, retaining their original natural rights,' " Reich v. Mashantucket Sand & Gravel, 95 F.3d 174, 178 (2d Cir.1996) (quoting Worcester v. Georgia, 31 U.S. (6 Pet.) 515, 559, 8 L.Ed. 483 (1832), and citing Cherokee Nation v. Georgia, 30 U.S. (5 Pet.) 1, 16, 8 L.Ed. 25 (1831)), and their "unique status as ... aboriginal entit[ies]" antedating the federal government, id., it is doubtful at best whether an Indian tribe could be considered a citizen of any state. Indeed, other domestic sovereigns--i.e. the states themselves--cannot sue or be sued in diversity. Because the case for considering an Indian tribe a citizen of a state is tenuous at best, the diversity statute's provision for suits between citizens of different states, 28 U.S.C. § 1332(a), strictly construed, cannot be said to embrace suits involving Indian tribes.

3

Nor is this result unusual. We have found a lack of jurisdiction based on a strict construction of the diversity statute even where the Congressional rationale for not providing for diversity jurisdiction is far less clear than in this case. See Cresswell v. Sullivan & Cromwell, 922 F.2d 60 (2d Cir.1990) (holding that diversity fails in suit involving United States citizens domiciled abroad). Romanella argues that our construction of the diversity statute deprives her of any judicial remedy. However, assuming arguendo that Romanella's suit is not barred by tribal sovereign immunity, there is no reason that she cannot seek relief in state court. If, on the other hand, the Connecticut state courts would for any reason deny relief, then we also must deny relief. See Angel v. Bullington, 330 U.S. 183, 191-92, 67 S.Ct. 657, 661-62, 91 L.Ed. 832 (1947) (holding that federal court sitting in diversity must follow state law and policy and therefore cannot give that which state has withheld).

[*~16]4

We therefore affirm.

*

Honorable Allyne R. Ross, of the United States District Court for the Eastern District of New York, sitting by designation