Supreme Court of the United States · Official docket →
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: 4% cert probability
Before the decision, roughly the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, an Eighth Circuit decision below, and a business petitioner, and down for a petition filed soon after the judgment below.
Question presented
- 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
Proceedings
- Oct 02 2023Petition DENIED.
- Jul 19 2023DISTRIBUTED for Conference of 9/26/2023.
- Jul 17 2023Waiver of right of respondents The Tribal Business Council of the Three Affiliated Tribes of the Fort Berthold Indian Reservation to respond filed.
- Jul 03 2023Petition for a writ of certiorari filed. (Response due August 7, 2023)