Supreme Court Report

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Bird Industries, Inc., et al. v. The Tribal Business Council of the Three Affiliated Tribes of the Fort Berthold Indian Reservation

Paid petition · United States Court of Appeals for the Eighth Circuit, No. 22-2584 · judgment March 14, 2023


Certiorari denied · October 2, 2023
Pre-decision estimate: 3% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

  1. Does inclusion of a mandatory arbitration clause in an Agreement with an Indian Tribe waive the Tribe’s sovereign immunity?

Counsel of record

For petitioner
Irvin B Nodland

For respondent
Timothy Q. Purdon
Robins Kaplan LLP

Case

Conference history
Distributed for 1 conference

Order
Order list, October 2, 2023 · Certiorari denied

Proceedings

  1. Oct 02 2023
    Petition DENIED.
  2. Jul 19 2023
    DISTRIBUTED for Conference of 9/26/2023.
  3. Jul 17 2023
    Waiver of right of respondents The Tribal Business Council of the Three Affiliated Tribes of the Fort Berthold Indian Reservation to respond filed.
  4. Jul 03 2023
    Petition for a writ of certiorari filed. (Response due August 7, 2023)