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Without a doubt about Supreme Court instance could expose Indian tribes to brand brand brand new appropriate dangers

Writer

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

Disclosure statement

Matthew L.M. Fletcher works for eight Indian tribes as an appellate judge (Grand Traverse Band of Ottawa and Chippewa Indians, Hoopa Valley Tribe, Mashpee Wampanoag Tribe, Nottawaseppi Huron Band of this 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 as a member that is enrolled.

Lovers

Michigan State University provides financing as a founding partner regarding the Conversation US.

Accidents happen. And quite often those accidents include the staff of Indian tribes. The Supreme Court is planned to know situation which will rule in the the restrictions of appropriate resistance of tribes and their staff. Though it relates to a slim concern in an accident lawsuit, the actual situation could expose Indian tribes to unanticipated – and significant – liability in state and federal courts to which tribes are strangers.

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 a scholar, We have examined the complexities of tribal sovereign immunity, tribal government-owned companies while the unique challenges Indian tribes face in federal and state courts. My research leads me to think the results for the full situation is essential given that it could set a precedent that could damage tribes' ability to govern.

The backdrop

In belated 2011, a Mohegan Sun Casino limousine motorist rear-ended Brian and Michelle Lewis' vehicle on I-95 near Norwalk, Connecticut, injuring the few into the collision.