9 Minnesota opinions name it 2 courts 1994–2024 1 in the last five years
The cases below were cited by Minnesota courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Santa Clara Pueblo v. Martinezgreen2 sentences1995Such a waiver of sovereign immunity “cannot be implied but must be unequivocally expressed.” Santa Clara Pueblo, 436 U.S. at 58 , 98 S.Ct. at 1677 (quoting United States v. Testan, 424 U.S. 392, 399 , 96 S.Ct. 948, 953 , 47 L.Ed.2d 114 (1976)). 1995Such a waiver of sovereign immunity “cannot be implied but must be unequivocally expressed.” Santa Clara Pueblo, 436 U.S. at 58 , 98 S.Ct. at 1677 (quoting United States v. Testan, 424 U.S. 392, 399 , 96 S.Ct. 948, 953 , 47 L.Ed.2d 114 (1976)). | 2 | 4 |
Marriage of Holmberg v. Holmberggreen2 sentences2015See Minn. Stat. § 645.27 ; Holmberg, 588 N.W.2d at 727 (concluding that the Marriage Dissolution Award of Attorney Fees statute, Minn. Stat. § 518.14 , subd. 1 (2014), does not apply to the State because there was no clear indication that the Legislature so intended). 2015See Minn.Stat. § 645.27; Holmberg, 588 N.W.2d at 727 (concluding that the Marriage Dissolution Award of Attorney Fees statute, Minn.Stat. § 518.14, subd. 1 (2014), does not apply to the State because there was no clear indication that the Legislature so intended). | 2 | 2 |
Snow v. Quinault Indian Nationgreen1 sentence1995The Ninth Federal Circuit heard and rejected this argument in Snow v. Quinault Indian Nation, 709 F.2d 1319, 1322 (9th Cir.1983), cert den., 467 U.S. 1214 , 104 S.Ct. 2655 , 81 L.Ed.2d 362 (1984). | 1 | 1 |
Kenneth L. Maynard v. Narragansett Indian Tribegreen1 sentence1995Consent may not be inferred, see Maynard v. Narragansett Indian Tribe, 984 F.2d 14, 16 (1st Cir.1993), even if similar acts would constitute an implied waiver by a non-Indian government. | 1 | 1 |
United States v. Nordic Village, Inc.red2 sentences1994See United States v. Nordic Village, Inc., 503 U.S. 30 , -, 112 S.Ct. 1011, 1014-15 , 117 L.Ed.2d 181 (1992) (court must construe government’s consent to be sued strictly in favor of the sovereign); Santa Clara Pueblo, 436 U.S. at 58 , 98 S.Ct. at 1677 (tribe’s waiver of sovereign immunity must be “unequivocal”); S. Unique, Ltd. v. Gila River Pima-Maricopa Indian Community, 138 Ariz. 378 , 674 P.2d 1376, 1381, 1382-83 (Ct.App.1983) (waiver of immunity interpreted “restrietively against the claimant”; subordinate economic entity of the tribe acted under the tribe’s constitution and was not subj 1994See United States v. Nordic Village, Inc., 503 U.S. 30 , -, 112 S.Ct. 1011, 1014-15 , 117 L.Ed.2d 181 (1992) (court must construe government’s consent to be sued strictly in favor of the sovereign); Santa Clara Pueblo, 436 U.S. at 58 , 98 S.Ct. at 1677 (tribe’s waiver of sovereign immunity must be “unequivocal”); S. Unique, Ltd. v. Gila River Pima-Maricopa Indian Community, 138 Ariz. 378 , 674 P.2d 1376, 1381, 1382-83 (Ct.App.1983) (waiver of immunity interpreted “restrietively against the claimant”; subordinate economic entity of the tribe acted under the tribe’s constitution and was not subj | 1 | 1 |
S. Unique, Ltd. v. Gila River Pima-Maricopa Indian Communitygreen2 sentences1994See United States v. Nordic Village, Inc., 503 U.S. 30 , -, 112 S.Ct. 1011, 1014-15 , 117 L.Ed.2d 181 (1992) (court must construe government’s consent to be sued strictly in favor of the sovereign); Santa Clara Pueblo, 436 U.S. at 58 , 98 S.Ct. at 1677 (tribe’s waiver of sovereign immunity must be “unequivocal”); S. Unique, Ltd. v. Gila River Pima-Maricopa Indian Community, 138 Ariz. 378 , 674 P.2d 1376, 1381, 1382-83 (Ct.App.1983) (waiver of immunity interpreted “restrietively against the claimant”; subordinate economic entity of the tribe acted under the tribe’s constitution and was not subj 1994See United States v. Nordic Village, Inc., 503 U.S. 30 , -, 112 S.Ct. 1011, 1014-15 , 117 L.Ed.2d 181 (1992) (court must construe government’s consent to be sued strictly in favor of the sovereign); Santa Clara Pueblo, 436 U.S. at 58 , 98 S.Ct. at 1677 (tribe’s waiver of sovereign immunity must be “unequivocal”); S. Unique, Ltd. v. Gila River Pima-Maricopa Indian Community, 138 Ariz. 378 , 674 P.2d 1376, 1381, 1382-83 (Ct.App.1983) (waiver of immunity interpreted “restrietively against the claimant”; subordinate economic entity of the tribe acted under the tribe’s constitution and was not subj | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Minnesota. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Nichols v. State
green
1 sentence2024Id. | 1 | 2024–2024 |
Federal Aviation Administration v. Cooper
green
2 sentences2014Furthermore, in determining whether immunity has been waived, “[a]ny ambiguities in the statutory language are to be construed in favor of immunity ... so that the Government’s consent to be sued is never enlarged beyond what a fair reading of the text requires.” F.A.A. v. Cooper, — U.S. -, 132 S.Ct. 1441, 1448 , 182 L.Ed.2d 497 (2012). 2014Furthermore, in determining whether immunity has been waived, “[a]ny ambiguities in the statutory language are to be construed in favor of immunity ... so that the Government’s consent to be sued is never enlarged beyond what a fair reading of the text requires.” F.A.A. v. Cooper, — U.S. -, 132 S.Ct. 1441, 1448 , 182 L.Ed.2d 497 (2012). | 1 | 2014–2014 |
Lane v. Pena
green
2 sentences2014The federal caselaw requires that a waiver of sovereign immunity “must be unequivocally expressed in statutory text.” Lane v. Pena, 518 U.S. 187, 192 , 116 S.Ct. 2092, 2096 , 135 L.Ed.2d 486 (1996). 2014The federal caselaw requires that a waiver of sovereign immunity “must be unequivocally expressed in statutory text.” Lane v. Pena, 518 U.S. 187, 192 , 116 S.Ct. 2092, 2096 , 135 L.Ed.2d 486 (1996). | 1 | 2014–2014 |
Rosebud Sioux Tribe v. Val-U Construction Company Of South Dakota, Inc.
green
2 sentences1996While it is true, as Gavle argues, that no "magic words" are necessary to operate as a waiver of sovereign immunity, Rosebud Sioux Tribe v. Val-U Const. Co. of South Dakota, Inc., 50 F.3d 560 , 563 (8th Cir.), reh'g denied (Apr. 21, 1995), cert. denied, ___ U.S. ___, 116 S.Ct. 78 , 133 L.Ed.2d 37 (1995), there are simply no words here, magic or otherwise, that articulate the kind of clear abandonment of this powerful affirmative defense mandated by the Supreme Court. 1996While it is true, as Gavie argues, that no “magic words” are necessary to operate as a waiver of sovereign immunity, Rosebud Sioux Tribe v. Val-U Const. Co. of South Dakota, Inc., 50 F.3d 560 , 563 (8th Cir.), reh’g denied (Apr. 21, 1995), cert. denied, — U.S.-, 116 S.Ct. 78 , 133 L.Ed.2d 37 (1995), there are simply no words here, magic or otherwise, that articulate the kind of clear abandonment of this powerful affirmative defense mandated by the Supreme Court. | 1 | 1996–1996 |
Reed v. United States
neutral
2 sentences1996While it is true, as Gavle argues, that no "magic words" are necessary to operate as a waiver of sovereign immunity, Rosebud Sioux Tribe v. Val-U Const. Co. of South Dakota, Inc., 50 F.3d 560 , 563 (8th Cir.), reh'g denied (Apr. 21, 1995), cert. denied, ___ U.S. ___, 116 S.Ct. 78 , 133 L.Ed.2d 37 (1995), there are simply no words here, magic or otherwise, that articulate the kind of clear abandonment of this powerful affirmative defense mandated by the Supreme Court. 1996While it is true, as Gavie argues, that no “magic words” are necessary to operate as a waiver of sovereign immunity, Rosebud Sioux Tribe v. Val-U Const. Co. of South Dakota, Inc., 50 F.3d 560 , 563 (8th Cir.), reh’g denied (Apr. 21, 1995), cert. denied, — U.S.-, 116 S.Ct. 78 , 133 L.Ed.2d 37 (1995), there are simply no words here, magic or otherwise, that articulate the kind of clear abandonment of this powerful affirmative defense mandated by the Supreme Court. | 1 | 1996–1996 |
Cameron v. General Motors Corp.
neutral
2 sentences1996While it is true, as Gavle argues, that no "magic words" are necessary to operate as a waiver of sovereign immunity, Rosebud Sioux Tribe v. Val-U Const. Co. of South Dakota, Inc., 50 F.3d 560 , 563 (8th Cir.), reh'g denied (Apr. 21, 1995), cert. denied, ___ U.S. ___, 116 S.Ct. 78 , 133 L.Ed.2d 37 (1995), there are simply no words here, magic or otherwise, that articulate the kind of clear abandonment of this powerful affirmative defense mandated by the Supreme Court. 1996While it is true, as Gavie argues, that no “magic words” are necessary to operate as a waiver of sovereign immunity, Rosebud Sioux Tribe v. Val-U Const. Co. of South Dakota, Inc., 50 F.3d 560 , 563 (8th Cir.), reh’g denied (Apr. 21, 1995), cert. denied, — U.S.-, 116 S.Ct. 78 , 133 L.Ed.2d 37 (1995), there are simply no words here, magic or otherwise, that articulate the kind of clear abandonment of this powerful affirmative defense mandated by the Supreme Court. | 1 | 1996–1996 |
United States v. Testan
green
2 sentences1995Such a waiver of sovereign immunity “cannot be implied but must be unequivocally expressed.” Santa Clara Pueblo, 436 U.S. at 58 , 98 S.Ct. at 1677 (quoting United States v. Testan, 424 U.S. 392, 399 , 96 S.Ct. 948, 953 , 47 L.Ed.2d 114 (1976)). 1995Such a waiver of sovereign immunity “cannot be implied but must be unequivocally expressed.” Santa Clara Pueblo, 436 U.S. at 58 , 98 S.Ct. at 1677 (quoting United States v. Testan, 424 U.S. 392, 399 , 96 S.Ct. 948, 953 , 47 L.Ed.2d 114 (1976)). | 1 | 1995–1995 |
Snow v. Quinault Indian Nation
green
1 sentence1995The Ninth Federal Circuit heard and rejected this argument in Snow v. Quinault Indian Nation, 709 F.2d 1319, 1322 (9th Cir.1983), cert den., 467 U.S. 1214 , 104 S.Ct. 2655 , 81 L.Ed.2d 362 (1984). | 1 | 1995–1995 |
Maddox v. United States
green
1 sentence1995The Ninth Federal Circuit heard and rejected this argument in Snow v. Quinault Indian Nation, 709 F.2d 1319, 1322 (9th Cir.1983), cert den., 467 U.S. 1214 , 104 S.Ct. 2655 , 81 L.Ed.2d 362 (1984). | 1 | 1995–1995 |
First National Bank of Atlanta v. Bartow County Board of Tax Assessors
green
1 sentence1995The Ninth Federal Circuit heard and rejected this argument in Snow v. Quinault Indian Nation, 709 F.2d 1319, 1322 (9th Cir.1983), cert den., 467 U.S. 1214 , 104 S.Ct. 2655 , 81 L.Ed.2d 362 (1984). | 1 | 1995–1995 |
Oklahoma Tax Comm'n v. Citizen Band of Potawatomi Tribe of Okla.
green
2 sentences1994This requirement advances the “ ‘overriding goal’ of encouraging tribal self-sufficiency and economic development.” See Oklahoma, 498 U.S. at 910 , 111 S.Ct. at 910 ; see also American Indian Agric. 1994This requirement advances the “ ‘overriding goal’ of encouraging tribal self-sufficiency and economic development.” See Oklahoma, 498 U.S. at 910 , 111 S.Ct. at 910 ; see also American Indian Agric. | 1 | 1994–1994 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.