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Know Your Tribal Counterparty: Tribal Corporations May Be Immune From Suit

Native American tribes are increasingly involved in commerce using corporate entities that are incorporated under either state or tribal law. A recent ruling by the Ninth Circuit makes clear that those corporations may be...more

Exploring Tribal Sovereign Immunity with Lewis v. Clarke

The U.S. Supreme Court recently held that tribal employees can be sued in their individual capacities for torts they commit while acting within the scope of their employment. Relying upon cases involving tort suits against...more

Ninth Circuit Addresses Effect of Removal on Tribal Sovereign Immunity

The Ninth Circuit Court of Appeals (the “Ninth Circuit”) reaffirmed principles of tribal sovereign immunity in a ruling on August 8, 2016. The Ninth Circuit issued an opinion stating that an Indian tribe does not waive its...more

Supreme Court Affirms in Michigan v. Bay Mills Indian Community: Don’t Roll the Dice with Tribal Sovereign Immunity

The U.S. Supreme Court’s recent decision in Michigan v. Bay Mills Indian Community is a reminder to a broad range of entities, including energy companies, financial service providers, and state and local governments, that...more

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