A big win for AP's also.
Finally, it took the Supreme Court to apply some logic to this situation!
http://www.cdcgamingreports.com/high...ino-employees/
A big win for AP's also.
Finally, it took the Supreme Court to apply some logic to this situation!
http://www.cdcgamingreports.com/high...ino-employees/
Luck is nothing more than probability taken personally!
Nersesian won an Arizona based case along the same lines. Sovereign immunity in an AP based case was not extended to employees in the performance if their jobs. This was on a matter of detention, theft, and involved, I believe State police. There are others who can speak more knowledgeably than me.
What is interesting here is that it appears that he accident occurred on Indian land, and again, though it seems that the tribal entity was protected, the tribal employee, who may or may not have been a member if the tribe was not.
Thinking out loud that this may be an extension if Nersesian's victory. If so, major kudos.
The case linked to by the OP seems to have garnered concurrence from the justices based upon the factors involved, primarily being an automobile accident, occurring off of tribal territory. No apparent reason for applying sovereign immunity.
I would expect subsequent cases to be distinguished based upon whether underlying causation related to tribe's exercise of its sovereign powers, and situs of incident.
"Your honor, with all due respect: if you're going to try my case for me, I wish you wouldn't lose it."
Fictitious Boston Attorney Frank Galvin (Paul Newman - January 26, 1925 - September 26, 2008) in The Verdict, 1982, lambasting Trial Judge Hoyle (Milo Donal O'Shea - June 2, 1926 - April 2, 2013) - http://imdb.com/title/tt0084855/
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