No. 19-985

Native Wholesale Supply Company v. California, ex rel. Xavier Becerra, Attorney General, et al.

Lower Court: California
Docketed: 2020-02-06
Status: Denied
Type: Paid
Response RequestedResponse WaivedRelisted (2)
Tags: contract-law indian-commerce-clause indian-reservation indian-tribe interstate-commerce personal-jurisdiction state-regulation tribal-corporation tribal-sovereignty
Latest Conference: 2020-09-29 (distributed 2 times)
Question Presented (from Petition)

1. Whether a contract for the purchase of goods
entered into, and fully performed by, an Indian
Tribe outside the exterior boundaries of the state in
which the Tribe's reservation is located can
constitutionally subject the out of state vendor to
the specific personal jurisdiction of the buyer's
state, under state laws purporting to regulate the
sale of those goods in the buyer's state.

2. Whether a state has specific personal jurisdiction to
regulate a purchase of goods contract between an
Indian on an Indian reservation outside the state
and an Indian Tribe located within the state's
boundaries when the contract is performed on the
out of state Indian reservation.

3. Whether there is a constitutional or statutory right
afforded to an Indian of one tribe to conduct
business free from state regulation with an Indian
of a different tribe, both of which are located in
Indian country, under the Indian Commerce Clause.

4. Whether a tribally chartered corporation wholly
owned by a member of a federally recognized Indian
Tribe is an Indian for purposes of the protections
afforded to Indians under federal law.

Question Presented (AI Summary)

Whether a contract for the purchase of goods entered into, and fully performed by, an Indian Tribe outside the exterior boundaries of the state in which the Tribe's reservation is located can constitutionally subject the out of state vendor to the specific personal jurisdiction of the buyer's state, under state laws purporting to regulate the sale of those goods in the buyer's state

Docket Entries

2020-10-05
Petition DENIED.
2020-06-25
Reply of petitioner Native Wholesale Supply Company filed. (Distributed)
2020-06-24
DISTRIBUTED for Conference of 9/29/2020.
2020-06-05
Brief of respondent California, ex rel. Xavier Becerra, Attorney General in opposition filed.
2020-04-22
Motion to extend the time to file a response is granted and the time is further extended to and including June 5, 2020.
2020-04-21
Motion to extend the time to file a response from May 6, 2020 to June 5, 2020, submitted to The Clerk.
2020-03-16
Motion to extend the time to file a response is granted and the time is extended to and including May 6, 2020.
2020-03-13
Motion to extend the time to file a response from April 6, 2020 to May 6, 2020, submitted to The Clerk.
2020-03-05
Response Requested. (Due April 6, 2020)
2020-02-26
DISTRIBUTED for Conference of 3/20/2020.
2020-02-19
Waiver of right of respondent California, ex rel. Xavier Becerra, Attorney General to respond filed.
2020-02-03
Petition for a writ of certiorari filed. (Response due March 9, 2020)
2019-12-05
Application (19A629) granted by Justice Kagan extending the time to file until February 3, 2020.
2019-12-03
Application (19A629) to extend the time to file a petition for a writ of certiorari from December 24, 2019 to February 3, 2020, submitted to Justice Kagan.

Attorneys

California, ex rel. Xavier Becerra, Attorney General
Joshua A. KleinCalifornia Department of Justice - Office of the Solicitor General, Respondent
Native Wholesale Supply Company
Randolph Henry BarnhouseBarnhouse Keegan Solimon & West LLP, Petitioner