Search results
Results From The WOW.Com Content Network
This is a list of U.S. Supreme Court cases involving Native American Tribes.Included in the list are Supreme Court cases that have a major component that deals with the relationship between tribes, between a governmental entity and tribes, tribal sovereignty, tribal rights (including property, hunting, fishing, religion, etc.) and actions involving members of tribes.
Tribal Sovereignty, Tribal Immunity Kiowa Tribe v. Manufacturing Technologies , 523 U.S. 751 (1998), was a case in which the Supreme Court of the United States held that an Indian Nation were entitled to sovereign immunity from contract lawsuits, whether made on or off reservation, or involving governmental or commercial activities.
During the time the case was pending, the U.S. Supreme Court decided Kiowa Tribe of Okla. v. Manufacturing Technologies, Inc. [2] In view of that decision, the decision of the Oklahoma Court of Civil Appeals was vacated and the case remanded. On remand, the Court of Civil Appeals held that the Potawatomi did have sovereign immunity and C & L ...
Lewis v. Clarke, 581 U.S. ___ (2017), is a case in which the Supreme Court of the United States ruled 8–0 that tribal sovereign immunity does not apply in a suit against a tribal employee in his individual capacity, and an indemnification provision cannot extend tribal sovereign immunity to cases in which it would otherwise not apply.
The United States has waived sovereign immunity to a limited extent, mainly through the Federal Tort Claims Act, which waives the immunity if a tortious act of a federal employee causes damage, and the Tucker Act, which waives the immunity over claims arising out of contracts to which the federal government is a party. The Federal Tort Claims ...
Sovereign immunity, or crown immunity, is a legal doctrine whereby a sovereign or state cannot commit a legal wrong and is immune from civil suit or criminal prosecution, strictly speaking in modern texts in its own courts.
In 2010, in Oneida Indian Nation of New York v Madison County, NY, the Second Circuit held that tribal sovereign immunity barred a tax foreclosure suit against the tribe for unpaid taxes. [17] As urged by concurring judges José A. Cabranes and Peter W. Hall, the U.S. Supreme Court granted certiorari. [18]
Michigan v. Bay Mills Indian Community, 572 U.S. 782 (2014), was a United States Supreme Court case examining whether a federal court has jurisdiction over activity that violates the Indian Gaming Regulatory Act but takes place off Indian lands, and, if so, whether tribal sovereign immunity prevents a state from suing in federal court. [1]