Alltel Communications, LLC v. Oglala Sioux Tribe, et al., No. 11-1520 (8th Cir. 2012)Annotate this Case
This case arose when Alltel sued a former senior vice president in the Eastern District of Arkansas, alleging that the vice president breached the terms of a Separation Agreement by, inter alia, assisting the Oglala Sioux Tribe in a tribal court lawsuit to enjoin Alltel from a proposed sale of assets that provided telecommunications services on the Pine Ridge Indian Reservation. At issue was whether tribal immunity barred enforcement of the subpoenas at issue. The court agreed with the Tribe that a third-party subpoena in private civil litigation was a "suit" for purposes of the Tribe's common law sovereign immunity. As that immunity had not been waived or abrogated, the court reversed.