Alltel Communications can’t get access to tribal documents that could...
Alltel Communications can’t get access to tribal documents that could prove one of its former senior vice presidents breached a separation agreement, the 8th U.S. Circuit Court of Appeals ruled Wednesday (http://xrl.us/bm2uai). Alltel argued that the former employee, Eugene DeJordy,…
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had breached the agreement when he assisted the Oglala Sioux Tribe in a tribal court lawsuit to enjoin Alltel from a sale of assets that provide telecommunications services on the Pine Ridge Indian Reservation. The 8th Circuit ruled unanimously that a third-party subpoena in private civil litigation is a “suit” for the purposes of a Tribe’s common law sovereign immunity, and the Tribe’s motion to quash based on tribal immunity, which the lower court denied, should have been granted.