Supreme Court instance could expose Indian tribes to brand new risks that are legal

Professor of Law & Director for the native Law & Policy Center, Michigan State University

Disclosure statement

Matthew L.M. Fletcher works for eight Indian tribes being a judge that is appellateGrand Traverse Band of Ottawa and Chippewa Indians, Hoopa Valley Tribe, Mashpee Wampanoag Tribe, Nottawaseppi Huron Band associated with the Potawatomi, Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians, Poarch Band of Creek Indians, Pokagon Band of Potawatomi Indians, and Santee Sioux Tribe). He’s associated with the Grand Traverse Band of Ottawa and Chippewa Indians as an enrolled user.

Lovers

Michigan State University provides money as a founding partner of this Conversation US.

Accidents happen. And quite often the employees are involved by those accidents of Indian tribes. The Supreme Court is planned to listen to a full case that may rule on the the limits of appropriate resistance of tribes and their staff. The case could expose Indian tribes to unexpected – and significant – liability in state and federal courts to which tribes are strangers although it deals with a narrow question https://installmentloansvirginia.net/ in a personal injury lawsuit.

The Supreme Court will address whether a tribal casino employee – in this case, a limo driver – can be sued for an accident that occurred while the employee was on the clock but outside of Indian lands in Lewis v. Clarke.

As being a scholar, I have examined the complexities of tribal sovereign resistance, tribal government-owned organizations additionally the unique challenges Indian tribes face in federal and state courts. My research leads us to think the end result of this instance is essential since it could set a precedent that will damage tribes’ ability to govern.

The back ground

In late 2011, a Mohegan Sun Casino limousine motorist rear-ended Brian and Michelle Lewis’ car on I-95 near Norwalk, Connecticut, hurting the few when you look at the collision. Typically, under Connecticut legislation, hurt men and women have couple of years to file an injury that is personal in state court.

Under Mohegan law, nevertheless, the statute of limits period is the one year, perhaps perhaps not two. The Lewis couple did not bring a suit until two years after the incident, in 2013 for reasons not clear in the public record. They brought the suit to Connecticut courts since it was too late to sue in tribal court.

And right right here’s the sc sc rub, lawfully talking: Indian tribes may not be sued in state court without their consent. This provision is what’s known as “sovereign immunity.” Us constitutional legislation teaches that federal and state governments can’t be sued in court absent their consent, a doctrine that predates the forming of the Constitution. Certainly, Alexander Hamilton’s Federalist Paper No. 81 put down this concept in 1788.

Counsel for the Lewis couple most most likely knew tribes benefit from the exact same resistance and decided to sue the limo motorist rather associated with the tribe, the driver’s company during the time of the collision.

Injury lawyers have a tendency to look for deep pouches that may spend a million buck judgment, so a suit against a limo motorist does not appear to be a winning strategy in the event that objective is just a payout that is large. It seems the Lewises’ attorney believes the tribe shall part of in order to make good a judgment against its worker.

That lawyer may be appropriate. For company reasons, in the event that Mohegan tribe would like to retain employees that are good it might be obligated to spend cash damages awarded by an official state court, as one tribe argued in a youthful situation. In case a tribe does not provide appropriate defenses to a worker, much just how other companies would, it might have effect that is chilling exposing workers to undue danger.

The Mohegan Sun is just one of the two biggest casinos that are tribal-owned america. AP Photo/Jessica Hill