Former Presiding Judge of Mendocino County Superior Court Successfully Defends Against Jurisdictional Challenge
Stradling secured a rare dismissal with prejudice in a lawsuit against the former Presiding Judge of the Mendocino County Superior Court in federal court in the Northern District of California.
Over a decade ago, the plaintiff Native American tribe became embroiled in a dispute with a general contractor who was retained to build a casino for them. The dispute proceeded in state court and in arbitration, with the tribe objecting to jurisdiction on the basis of sovereign immunity. The superior court and court of appeal repeatedly ruled that sovereign immunity was waived in this instance and that the matter must proceed in state court. The tribe sought a preliminary injunction against Judge Moorman exercising jurisdiction over their matter. We opposed the motion for preliminary injunction on the bases of abstention, judicial immunity, and other doctrines, and successfully filed a motion to dismiss the complaint (Coyote Valley Band of Pomo Indians vs. Hon. Ann Moorman et al., Northern District, California). For more information, please see the below link.
https://www.law360.com/articles/1566868/judge-tosses-tribe-s-casino-pay-row-again