gave rise to a simple tort claim between strangers, not a dispute arising out of the commercial relationship. The accident did not involve the Red Lake Band itself, and although the individual injured was a member of the Red Lake Band, he was not a party to the commercial relationship. The Tribal Court asserts that additional discovery is necessary to determine the facts regarding whether Nord was driving in connection with a contract with the Red Lake Band or on a personal errand. We conclude that such facts would not be material in this situation because the dispute merely involves the tortious conduct of “a run-of-the-mill highway accident” between strangers, and no amount of discovery can alter the nature of that claim. See id. at 457, 117 S.Ct. 1404 (internal marks omitted) (<HOLDING>); see also Plains Commerce Bank, 491 F.3d at
holding that the first exception did not apply to a highway traffic accident dispute that was distinctly nontribal in nature internal marks omitted holding that compliance with rule 3 is both a mandatory and jurisdictional prerequisite to appeal internal quotation marks omitted holding that the agency did not abuse its discretion in declining to grant a continuance where the petitioner was only at the first step in a long and discretionary process and relief was speculative at best alterations and internal quotation marks omitted recognizing that party is not permitted to use the accident of a remand to raise an issue that it could just as well have raised in the first appeal internal quotation marks and alterations omitted holding that issues not argued specifically and distinctly in a partys opening brief are waived internal quotation marks and citations omitted