Here is today’s opinion in Somerlott v. Cherokee Nation Distributors. Judge Gorsuch’s concurring opinion (starting at page 21) is a worthy read for tribal leaders and tribal counsel thinking about doing business outside of Indian country.
Briefs are here.
Tina Marie Somerlott appeals from the district court’s dismissal of her claims against CND, LLC (“CND”) for lack of subject-matter jurisdiction. See Fed. R. Civ. P. 12(b)(1). Somerlott brought federal employment discrimination claims against CND, alleging violations of Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act. After allowing discovery by both parties, the district court concluded CND was immune from suit under the doctrine of tribal sovereign immunity and, therefore, dismissed Somerlott’s complaint in its entirety. Exercising jurisdiction pursuant to 28 U.S.C. § 1291,
this court affirms.