Ray

BNSF Railway Co. v. Ray

Good Law
138 F. App'x 970
United States Court of Appeals for the Ninth CircuitJuly 13, 2005No. 05-15688California368 words

Opinion

Lead Opinion

MEMORANDUM **

Jeanette Sullivan, Herbert Sullivan, Jr., and Nicole Sullivan (“the Sullivans”), indi *971 vidually and as the survivors of four Native American Indians killed in an accident at a railroad crossing on the Hualapai Reservation, Arizona, appeal the district court’s grant in favor of BNSF Railway Company (“BNSF”) of a preliminary injunction ordering that the Sullivans halt prosecution of their suit against BNSF relating to the accident in Hualapai Tribal Court, and also that Hualapai Tribal Court halt any such proceedings. We have jurisdiction under 28 U.S.C. § 1292 (a)(1), and we affirm.

Our review of a district court’s decision regarding preliminary injunctive relief is “limited and deferential,” and an order will be reversed only if the district court relied on an erroneous legal premise or abused its discretion. Southwest Voter Registration Educ. Project v. Shelley, 344 F.3d 914 , 918 (9th Cir.2003) (en banc). Here, the district court correctly identified and applied the legal standards for assessing tribal jurisdiction over the conduct of nonmember BNSF. See Strate v. Al Contractors, 520 U.S. 438 , 445, 456-157, 117 S.Ct. 1404 , 137 L.Ed.2d 661 (1997) (explaining…

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