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Let me make it clear about Supreme Court instance could expose Indian tribes to brand new appropriate dangers

Let me make it clear about Supreme Court instance could expose Indian tribes to brand new appropriate dangers

Author

Professor of Law & Director associated with native Law & Policy Center, Michigan State University

Disclosure statement

Matthew L.M. Fletcher works well with eight Indian tribes being an appellate judge (Grand 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 could be connected to the Grand Traverse Band of Ottawa and Chippewa Indians being an enrolled user.

Lovers

Michigan State University provides financing as a founding partner associated with Conversation US.

Accidents happen. And often those accidents include the staff of Indian tribes. The Supreme Court is planned to know a full situation which will rule in 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 in a personal injury lawsuit.

In Lewis v. Clarke, the Supreme Court will deal with whether a tribal casino employee – in this instance, a limo driver – could be sued for an accident that took place as the worker had been in the clock but away from Indian lands.

As a scholar, We have examined the complexities of tribal sovereign immunity, tribal government-owned companies as well as the unique challenges Indian tribes face in federal and state courts. My research leads me personally to think the end result of this situation is essential given that it could set a precedent that will damage tribes’ ability to govern.

The back ground

In belated 2011, a Mohegan Sun Casino limousine motorist rear-ended Brian and Michelle Lewis’ automobile on I-95 near Norwalk, Connecticut, hurting the few within the collision.

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