On December 8, 2014, the Ninth Circuit announced a new, two-part test for determining whether tribal employees performing their duties pursuant to a contract under the Indian Self Determination and Education Assistance Act of 1975 (ISDEAA), Pub. L. 93-638, 88 Stat. 203 (1975), or a compact under the Tribal Self-Governance Act, 25 U.S.C. §§ 458aa, et seq., can be treated as employees of the United States for purposes of claims brought under the Federal Tort Claims Act (FTCA).
Kilpatrick Townsend & Stockton LLP