Modrall Sperling Law Firm

Appearing in Tribal Court

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

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The ADEA Does Not Abrogate Tribal Sovereign Immunity: Eleventh Circuit Confirms Recent Trend

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…

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Recent Cases Confirm Sovereign Immunity

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…

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Tribal Nations, CERCLA Litigation, and Sovereign Immunity

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,…

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Indian Law Cases Pending Before the Supreme Court Worth Following

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…

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Tribal Employment Preference Laws

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…

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Jurisdiction for Injuries Arising at Tribal Casinos: The Importance of Clear Dispute Resolution Terms

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…

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The Navajo Supreme Court Highlights Importance of Jurisdiction to Tribal Courts

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…

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Salt River Project v. Lee Navajo Nation Held to Waive Regulation of Employment

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…

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Tribal Employment Laws: Legal and Cultural Considerations

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Employment Law
Native American Law
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