Indian tribes have a federal common law cause of action, not preempted by the Nonintercourse Act, for possessory claims based upon aboriginal title; such action is not barred by limitations, abatement, ratification or nonjusticiability, and due to the Eleventh Amendment, there is no ancillary jurisdiction for counties' cross-claims against a state. Decided March 4, 1985 (argued October 1, 1984). Opinion of the Court: Powell, joined by Blackmun, O'Connor (Parts I, II, III, IV, VI joined by Brennan, Marshall; Part V joined by Burger, White, Rehnquist) Applied: the Eleventh Amendment → go there Topic: Native American law. County of Oneida v. Oneida Indian Nation of New York State, 470 U.S. 226 (1985), is a landmark United States Supreme Court case concerning aboriginal title in the United States. The case, sometimes referred to as Oneida II, was "the first Indian land claim case won on the basis of the Nonintercourse Act". Wiki link