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← 146 FSUPP3D 720 - Everette v. Mitchem

Everette v. Mitchem’s Empirical Analysis

2015

Citation profile

3
cited by 3 later decisions
March 2019
most recently cited

Relationships

Applies 15 U.S.C. § 1693

Relies on Santa Clara Pueblo v. Martinez · Kiowa Tribe of Oklahoma v. Manufacturing Technologies, Inc. · Kiowa Tribe of Oklahoma v. Manufacturing Technologies, Inc. · Evans v. Bf Perkins Company a Division of Standex International Corporation · Carefirst of Maryland, Inc. v. Carefirst Pregnancy Centers, Inc.

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “(1) the method of creation of the economic entities; (2) their purpose; (3) their structure, ownership, and management, including the amount of control the tribe has over the entities; (4) the tribe's intent with respect to the sharing of its sovereign immunity ... (5) the financial relationship between the tribe and the entities ... [and, (6) ] the policies underlying tribal sovereign immunity and its connection to tribal economic development, and whether those policies are served by granting immunity to the economic entities.”
    1 later decision quote this exact passage · from the dissent
  2. “In the wake of Kiowa , tribal immunity has also been exploited in new areas that are often heavily regulated by States. For instance, payday lenders ... often arrange to share fees or profits with tribes so they can use tribal immunity as a shield for conduct of questionable legality.”
    1 later decision quote this exact passage · from the dissent
  3. “[T]here is no evidence that tribes do not own and control MobiLoans and Riverbend, and permitting jurisdictional discovery would undermine the purposes of the sovereign immunity doctrine ....”
    1 later decision quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.