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Noerr-Pennington Bars Suit Challenging Tribe’s Disputed Balloting, Judge Says

Mealey's (November 8, 2016, 12:12 PM EST) -- SAN FRANCISCO — A group of Native Americans has the right to challenge a tribal election through an appeal to the Bureau of Indian Affairs (BIA) based on their immunity from statutory liability for petitioning a government agency, a California federal judge held Nov. 3 in dismissing a lawsuit filed by the opposing faction from the election (Elem Indian Colony of Pomo Indians of the Sulphur Bank Rancheria v. Ceiba Legal, LLP, et al., No. 4:16-cv-03081, N.D. Calif.; 2016 U.S. Dist. LEXIS 152872).

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