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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.
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.
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.
Apr. 27—The Alaska Supreme Court on Friday extended tribal sovereign immunity to a tribal consortium, overruling a decision it made 20 years ago that refused to take a similar step. In simple ...
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 ...
Padillo, being an officer of the tribe, does not receive the protection of tribal sovereign immunity. The obstacle for Martinez was that ICRA did not explicitly authorize suits against tribes in federal court. For her case to be lawful, the Court would need to find an implied cause-of-action that permitted federal suits against tribes.
Seminole Tribe of Florida v. Florida, 517 U.S. 44 (1996), was a United States Supreme Court case which held that Article One of the U.S. Constitution did not give the United States Congress the power to abrogate the sovereign immunity of the states that is further protected under the Eleventh Amendment. [1]
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 ...