GlaxoSmithKline v. Cherokee Nation — Suit over Cherokee Court Jurisdiction

Here is the complaint in GlaxoSmithKline LLC v. Cherokee Nation (D. Mass.):

Complaint

An excerpt:

By filing suit in the Tribal Court for conduct relating to the marketing, sale and promotion of Avandia, the Cherokee Nation breached the Avandia Settlement Agreement in three ways. First, the Avandia Settlement Agreement clearly specifies that the exclusive jurisdiction and venue over disputes under the Avandia Settlement Agreement are vested in the United States District Court for the District of Massachusetts. Filing suit in the Tribal Court was a breach of this exclusive jurisdiction and venue provision. Second, the Cherokee Nation’s suit runs afoul of the Avandia Settlement Agreement because it asserts claims that were released under the Avandia Settlement Agreement. Third, the suit purports to seek relief under the “statutory, common, and decisional laws of the Cherokee Nation,” notwithstanding that disputes under the Settlement Agreement are “governed under the laws of the United States.”

This entry was posted in Author: Matthew L.M. Fletcher, Research, tribal courts and tagged , , , , . Bookmark the permalink.

One Response to GlaxoSmithKline v. Cherokee Nation — Suit over Cherokee Court Jurisdiction

  1. Pingback: Cherokee Nation Allowed to Proceed with Avandia Suit against GlaxoSmithKline in Cherokee Courts | Turtle Talk

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