Professor of Law & Director of this 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 is connected to the Grand Traverse Band of Ottawa and Chippewa Indians as a member that is enrolled.
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Accidents happen. And often the employees are involved by those accidents of Indian tribes. The Supreme Court is planned to know instance that may rule regarding the the limitations of appropriate resistance of tribes and their workers. Even though it addresses a slim concern in an injury lawsuit, the way it is could expose Indian tribes to unanticipated – and significant – liability in state and federal courts to which tribes are strangers.
In Lewis v. Clarke, the Supreme Court will deal with whether a tribal casino worker – in cases like this, a limo driver – may be sued for an accident that took place as the worker had been regarding the clock but outside of Indian lands.
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Being a scholar, I have examined the complexities of tribal sovereign resistance, tribal government-owned organizations and also the unique challenges Indian tribes face in federal and state courts. My research leads us to think the results associated with situation is very important as it could set a precedent that could weaken tribes’ ability to govern.
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The backdrop
In belated 2011, a Mohegan Sun Casino limousine motorist rear-ended Brian and Michelle Lewis’ car on I-95 near Norwalk, Connecticut, injuring the few within the collision. Generally, under Connecticut legislation, hurt men and women have couple of years to register a injury claim in state court.
Under Mohegan legislation, nevertheless, the statute of restrictions duration is the one 12 months, maybe perhaps not two. For reasons not yet determined within the general public record, the Lewis few didn’t bring a suit until two years following the event, in 2013. 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 is not sued in state court without their permission. This provision is what’s known as “sovereign immunity.” Us constitutional legislation teaches that federal and state governments is not sued in court absent their consent, a doctrine that predates the synthesis of the Constitution. Certainly, Alexander Hamilton’s Federalist Paper No. 81 put down this concept in 1788.
Counsel for the Lewis couple most likely knew tribes benefit from the immunity that is same made a decision to sue the limo motorist rather of this tribe, the driver’s company during the time of the collision.
Accidental injury lawyers have a tendency to seek out deep pouches that may pay a million buck judgment, so a suit against a limo motorist does not appear to be a winning strategy in the event that goal is just a payout that is large. It seems the Lewises’ attorney thinks the tribe will step up in order to make good a judgment against its employee.
That attorney might be appropriate. For company reasons, in the event that Mohegan tribe really wants to retain employees that are good it could be forced to pay money damages granted by a us state court, as one tribe argued in a youthful instance. In case a tribe does not provide legal defenses to a worker, much the way in which other companies would, it may have effect that is chilling exposing workers to undue danger.
The Mohegan Sun is amongst the two biggest casinos that are tribal-owned the usa. AP Photo/Jessica Hill