By Brian Nichols, as published in Litigation: The Journal of the Section of Litigation, published by the American Bar Association, Winter 2017.

Introduction: It is well established that Title VII of the Civil Rights Act does not apply to Tribal Nations. The Act specifically states that the term employer does not include “an Indian tribe . . . .”[1. Title VII of the Civil Rights…

The Ninth Circuit Court of Appeals and the New Mexico Supreme Court recently issued opinions which reject arguments to evade the defense of sovereign immunity. Ninth Circuit:  A claim against a sovereign entity seeking non-monetary relief is barred by sovereign immunity.  The…

Introduction: In Atlantic Richfield Co. v. Pueblo of Laguna, The Federal Court in New Mexico recently ruled that a tribal entity had partially waived sovereign immunity, allowing a limited claim against it under the Comprehensive Environmental, Response, Compensation, and Liability Act (“CERCLA”).[1.No. 15-cv-0056,…

The United States Supreme Court has a number of Indian law cases on its docket this term. Dollar General Corporation v. Mississippi Band of Choctaw Indians: Perhaps the highest profile case pending before the Court raises the issue of the necessary demonstration…

I. Introduction The topic of this paper is tribal employment laws. It is a broad topic. There are over 500 federally recognized tribal nations. According to research, several, possibly most, have employment laws. In addition, several coalitions or agencies provide advice to…

Download PDF The State supreme courts in Oklahoma and New Mexico both have recently determined that their state courts lack jurisdiction over tort claims arising from conduct at tribal casinos. These cases are a reminder of the importance of clear dispute resolution…

The Navajo Supreme Court issued a recent opinion addressing jurisdiction and forum selection clauses in the context of real property on the Navajo Nation. Neptune Leasing, Inc. v. Mountain States Petroleum Corp, et al., No. SC-CV-24-10 (2013).[1. Modrall Sperling was counsel for one…

The Case: The federal court for the District of Arizona has issued an important order[1. Salt River Project Agricultural Improvement and Power District v. Lee, et al., No. CV-08-08028-PCT-JAT, Order (D. Ariz. Jan. 28, 2013). The case was twice previously appealed to the…