9 Montana opinions name it 1 courts 1979–2023 1 in the last five years
The cases below were cited by Montana 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 |
|---|---|---|
Sparkman v. Sparkmangreen2 sentences1988Sparkman, 703 F.2d at 1101 . 1988Sparkman, 703 F.2d at 1101. | 1 | 2 |
Ramey Construction Company, Inc. v. The Apache Tribe Of The Mescalero Reservationgreen2 sentences1993See, e.g., Ramey Construction Co., Inc. v. Apache Tribe of the Mescalero Reservation (10th Cir. 1982), 673 F.2d 315 , which held that Ramey’s breach of contract claims were properly dismissed based on the tribe’s sovereign immunity, despite a “sue or be sued” clause in the tribe’s corporate charter, because the tribe had acted as a constitutional entity, not as a corporate entity. 1993See, e.g., Ramey Construction Co., Inc. v. Apache Tribe of the Mescalero Reservation (10th Cir.1982), 673 F.2d 315 , which held that Ramey's breach of contract claims were properly dismissed based on the tribe's sovereign immunity, despite a "sue or be sued" clause in the tribe's corporate charter, because the tribe had acted as a constitutional entity, not as a corporate entity. | 1 | 1 |
United States v. Kinggreen2 sentences1981But ‘without congressional authorization,’ the ‘Indian Nations are exempt from suit.’ United States v. United States Fidelity & Guaranty Co., supra, at 512 [ 60 S.Ct. at 656 ], “It is settled that a waiver of sovereign immunity ‘cannot be implied but must be unequivocally expressed.’ United States v. Testan, 424 U.S. 392, 399 [ 96 S.Ct. 948, 953-954 , 47 L.Ed.2d 114 ] (1976), quoting, United States v. King, 395 U.S. 1, 4 [ 89 S.Ct. 1501, 1503 , 23 L.Ed.2d 52 ] (1969).” (Emphasis added.) Santa Clara Pueblo, 436 U.S. at 58 , 98 S.Ct. at 1677 . 1981But ‘without congressional authorization,’ the ‘Indian Nations are exempt from suit.’ United States v. United States Fidelity & Guaranty Co., supra, at 512 [ 60 S.Ct. at 656 ], “It is settled that a waiver of sovereign immunity ‘cannot be implied but must be unequivocally expressed.’ United States v. Testan, 424 U.S. 392, 399 [ 96 S.Ct. 948, 953-954 , 47 L.Ed.2d 114 ] (1976), quoting, United States v. King, 395 U.S. 1, 4 [ 89 S.Ct. 1501, 1503 , 23 L.Ed.2d 52 ] (1969).” (Emphasis added.) Santa Clara Pueblo, 436 U.S. at 58 , 98 S.Ct. at 1677 . | 1 | 1 |
United States v. Testangreen2 sentences1981But ‘without congressional authorization,’ the ‘Indian Nations are exempt from suit.’ United States v. United States Fidelity & Guaranty Co., supra, at 512 [ 60 S.Ct. at 656 ], “It is settled that a waiver of sovereign immunity ‘cannot be implied but must be unequivocally expressed.’ United States v. Testan, 424 U.S. 392, 399 [ 96 S.Ct. 948, 953-954 , 47 L.Ed.2d 114 ] (1976), quoting, United States v. King, 395 U.S. 1, 4 [ 89 S.Ct. 1501, 1503 , 23 L.Ed.2d 52 ] (1969).” (Emphasis added.) Santa Clara Pueblo, 436 U.S. at 58 , 98 S.Ct. at 1677 . 1981But ‘without congressional authorization,’ the ‘Indian Nations are exempt from suit.’ United States v. United States Fidelity & Guaranty Co., supra, at 512 [ 60 S.Ct. at 656 ], “It is settled that a waiver of sovereign immunity ‘cannot be implied but must be unequivocally expressed.’ United States v. Testan, 424 U.S. 392, 399 [ 96 S.Ct. 948, 953-954 , 47 L.Ed.2d 114 ] (1976), quoting, United States v. King, 395 U.S. 1, 4 [ 89 S.Ct. 1501, 1503 , 23 L.Ed.2d 52 ] (1969).” (Emphasis added.) Santa Clara Pueblo, 436 U.S. at 58 , 98 S.Ct. at 1677 . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Montana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Santa Clara Pueblo v. Martinez
green
2 sentences2023In either event, “a waiver of sovereign immunity cannot be implied but must be unequivocally expressed.” Ute Distrib., 149 F.3d at 1263 (quoting Santa Clara Pueblo, 436 U.S. at 58 ). 2023In either event, “a waiver of sovereign immunity cannot be implied but must be unequivocally expressed.” Santa Clara Pueblo, 436 U.S. at 58 . | 2 | 1981–2023 |
Ute Distribution Corporation, a Utah Corporation v. Ute Indian Tribe
green
1 sentence2023In either event, “a waiver of sovereign immunity cannot be implied but must be unequivocally expressed.” Ute Distrib., 149 F.3d at 1263 (quoting Santa Clara Pueblo, 436 U.S. at 58 ). | 1 | 2023–2023 |
Colorado River Water Conservation District v. United States
green
2 sentences2007As already mentioned, sovereign immunity precludes a party from suing a sovereign government without that government’s consent, whereas abstention relates to when a court “may decline to exercise or postpone the exercise of its jurisdiction ....” Colorado River, 424 U.S. at 813 , 96 S. Ct. at 1244 . 2007As already mentioned, sovereign immunity precludes a party from suing a sovereign government without that government’s consent, whereas abstention relates to when a court “may decline to exercise or postpone the exercise of its jurisdiction ....” Colorado River, 424 U.S. at 813 , 96 S. Ct. at 1244 . | 1 | 2007–2007 |
United States v. Mitchell
green
2 sentences2002It would also, as frankly recognized by counsel for Officer Leonard in this Court, largely render nugatory the cause of action for violation of constitutional rights recognized in Widgeon, Mason, Heinze, Weyler, and other cases. ¶61 While we agree with the Maryland Court of Appeals, we find more compelling the historical basis for federal immunity and our own constitutional provisions which eliminate governmental immunity and protect access to our courts. ¶62 In Mitchell, 445 U.S. at 538 , 100 S.Ct. at 1351 , the Supreme Court stated that: It is elementary that “[t]he United States, as soverei 2002It would also, as frankly recognized by counsel for Officer Leonard in this Court, largely render nugatory the cause of action for violation of constitutional rights recognized in Widgeon, Mason, Heinze, Weyler, and other cases. ¶61 While we agree with the Maryland Court of Appeals, we find more compelling the historical basis for federal immunity and our own constitutional provisions which eliminate governmental immunity and protect access to our courts. ¶62 In Mitchell, 445 U.S. at 538 , 100 S.Ct. at 1351 , the Supreme Court stated that: It is elementary that “[t]he United States, as soverei | 1 | 2002–2002 |
Crowell v. School District No. 7
green
2 sentences1993No. 7 (1991), 247 Mont. 38 , 805 P.2d 522 , holding that the purchase of *421 liability insurance by a school district operated as a waiver of sovereign immunity to the extent of the coverage granted by the insurance policy. 1993No. 7 (1991), 247 Mont. 38 , 805 P.2d 522 , holding that the purchase of *421 liability insurance by a school district operated as a waiver of sovereign immunity to the extent of the coverage granted by the insurance policy. | 1 | 1993–1993 |
United States v. United States Fidelity & Guaranty Co.
green
1 sentence1981But ‘without congressional authorization,’ the ‘Indian Nations are exempt from suit.’ United States v. United States Fidelity & Guaranty Co., supra, at 512 [ 60 S.Ct. at 656 ], “It is settled that a waiver of sovereign immunity ‘cannot be implied but must be unequivocally expressed.’ United States v. Testan, 424 U.S. 392, 399 [ 96 S.Ct. 948, 953-954 , 47 L.Ed.2d 114 ] (1976), quoting, United States v. King, 395 U.S. 1, 4 [ 89 S.Ct. 1501, 1503 , 23 L.Ed.2d 52 ] (1969).” (Emphasis added.) Santa Clara Pueblo, 436 U.S. at 58 , 98 S.Ct. at 1677 . | 1 | 1981–1981 |
Noll v. City of Bozeman
green
1 sentence1979The Noll decision was based on our construction of the intent of the framers of the constitution “to preclude limitations upon the waiver of sovereign immunity.” Noll at 508 , 534 P.2d at 882 . | 1 | 1979–1979 |
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.