Living Law,
Living LandSupport land rights

Court case

Kiowa Tribe of Oklahoma v. Manufacturing Technologies, Inc.

Tribes are immune from suit on contracts, even commercial ones made off the reservation, unless Congress or the tribe allows suit.

Citation
523 U.S. 751 (1998)
Court
U.S. Supreme Court
Year
1998
Nations
Kiowa Tribe
Treaty at issue
none
Effect on land rights
procedural

What happened

The Kiowa Tribe of Oklahoma owns land in Oklahoma, and the United States holds land in trust for it there. After the then-chairman of the Tribe's business committee signed a promissory note in the Tribe's name, the Tribe agreed to pay Manufacturing Technologies $285,000 plus interest for stock issued by a third party. The note recites that it was signed at Carnegie, Oklahoma, where the Tribe has a complex on trust land. The company says it was executed and delivered in Oklahoma City, beyond tribal lands. The note says nothing in it "subjects or limits the sovereign rights of the Kiowa Tribe of Oklahoma."

When the Tribe defaulted, the company sued in state court. The trial court rejected the Tribe's claim of sovereign immunity and entered judgment for the company, and the Oklahoma Court of Civil Appeals affirmed, holding that tribes can be sued in state court for breach of contract involving off-reservation commercial conduct.

The Supreme Court reversed, 6-3, in an opinion by Justice Kennedy. It held that tribes enjoy sovereign immunity from civil suits on contracts, whether governmental or commercial, on or off a reservation. Congress had not authorized suit, and the Tribe had not waived immunity. The Court wrote that there are "reasons to doubt the wisdom of perpetuating the doctrine," but said it would "defer to the role Congress may wish to exercise in this important judgment." Justice Stevens dissented, joined by Justices Thomas and Ginsburg.

In Michigan v. Bay Mills (2014), the Court said it would "decline to revisit our prior decisions holding that, absent such an abrogation (or a waiver), Indian tribes have immunity even when a suit arises from off-reservation commercial activity."

Summarized with AI assistance from 4 sources and checked against their words; not yet reviewed by historians or by the nations. Report an error

What the sources say, and how this was checked

Well supported by the sources below.

  1. Congress has not done so thus far, nor has petitioner waived immunity, so it governs here.Kiowa Tribe of Oklahoma v. Manufacturing Technologies, Inc., 523 U.S. 751 (1998) (U.S. Reports, Library of Congress)
  2. There are reasons to doubt the wisdom of perpetuating the doctrine.Kiowa Tribe of Oklahoma v. Manufacturing Technologies, Inc., 523 U.S. 751 (1998) (U.S. Reports, Library of Congress)
  3. the Tribe agreed to pay Manufacturing Technologies $285,000 plus interestKiowa Tribe of Oklahoma v. Manufacturing Technologies, Inc., 523 U.S. 751 (1998) (U.S. Reports, Library of Congress)
  4. we decline to revisit our prior decisions holding that, absent such an abrogation (or a waiver)Michigan v. Bay Mills Indian Community, 572 U.S. 782 (2014) (U.S. Reports, Library of Congress)

Research notes. The opinion's holding is quoted from the syllabus, whose printed text breaks 'con- tracts' across a line. The old text misquoted the Court as 'The wisdom of perpetuating the doctrine may be doubted'; the opinion says 'There are reasons to doubt the wisdom of perpetuating the doctrine.' Our data lists no land effect; the case concerns immunity.

Who is doing the work

Native legal and land defense, nationally

Gifts go straight to each organization; this atlas takes nothing. Listing is not endorsement: how organizations are listed.

Connections

Links marked “suggested” were matched automatically by name or date and have not yet been reviewed by a person.

Doctrine applied 1

Policy era 1

Nations named 1

Sources

  1. supreme.justia.com/cases/federal/us/523/751/legal text copy
The record’s fields
Holding
Tribes are immune from contract suits, whether commercial or governmental and on or off the reservation, absent congressional abrogation or tribal waiver; the Court left any reform to Congress.
Kind
Court case
Confidence
High

Correct this record