9th Cir.;
15-35263

The court of appeals affirmed a judgment of dismissal. The court held that an Indian tribe's filing of a complaint against a tribal member did not constitute a waiver of sovereign immunity for purposes of counterclaims.

Edward Comenout, now deceased, was an enrolled member of the Quinault Indian Nation, a federally recognized Indian tribe. He operated a convenience store. Comenout allegedly steadfastly refused to collect taxes on tobacco products sold in his store. In May 2010, the nation filed suit, alleging Comenout had engaged in a scheme to defraud the Nation of taxes. The Nation sought $90 million in unpaid a revenue. In December 2010, after Edward's death, his estate asserted counterclaims. The estate sought a declaratory judgment that Edward had not violated the Cigarette Sales and Tax Code. It also asked for an order compelling the grant of building and business permits and for mandamus relief, lost profits, and damages due to an alleged antitrust and price-fixing scheme perpetrated by the Nation.