From Casetext: Smarter Legal Research

Allstate Indem. Co. v. Stump

United States Court of Appeals, Ninth Circuit
Aug 19, 1999
197 F.3d 1031 (9th Cir. 1999)

Opinion

No. 97-35822

Argued September 16, 1998 Submission deferred September 28, 1998 Resubmitted January 8, 1999

Decided August 19, 1999 Amended September 13, 1999 Second Amendment November 15, 1999

Appeal from the United States District Court for the District of Montana, Donald W. Molloy, District Judge, Presiding, D.C. No. CV-97-00082-DWM.

Prior report: 191 F.3d 1071


ORDER

The opinion filed August 19, 1999, amended September 13, 1999, is further amended as follows:

At slip opinion page 9461, lines 9-14, delete "the Supreme Court there affirmed . . . only if the Strate futility exception applies." Substitute "the Supreme Court there held that exhaustion was not required where it is evident that the tribal court lacks jurisdiction, not that the exhaustion requirement has been abolished altogether."

Page 9461, line 18, delete "Exhaustion, however, cannot be waived."

Page 9463, lines 9-13: delete "Generally speaking . . . been unnecessary."


Summaries of

Allstate Indem. Co. v. Stump

United States Court of Appeals, Ninth Circuit
Aug 19, 1999
197 F.3d 1031 (9th Cir. 1999)
Case details for

Allstate Indem. Co. v. Stump

Case Details

Full title:ALLSTATE INDEMNITY COMPANY, an Illinois corporation, Plaintiff-Appellant…

Court:United States Court of Appeals, Ninth Circuit

Date published: Aug 19, 1999

Citations

197 F.3d 1031 (9th Cir. 1999)

Citing Cases

Alvarez v. Tracy

Our own precedent indicates that cases implicating tribal sovereignty and the tribal exhaustion requirement…

Tang v. Northern Cheyenne Tribe

We review de novo 28 U.S.C. § 1915(e) dismissals, Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir.1998),…