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ARTICLE · 09 JUNE 2020

Tribal Sovereign Immunity, Its Origins And Development. How Does That Affect My Practice?

Wilson Elser Moskowitz Edelman & Dicker LLP
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Jana Simmons (Of Counsel-Michigan) co-authored "Tribal Sovereign Immunity, Its Origins and Development. How Does That Affect My Practice?" which appeared in the Michigan Defense Quarterly, Vol. 36

United StatesLitigation, Mediation & Arbitration

Introduction

Imagine sitting at your desk, and you get one of the following calls from an adjuster you deal with regularly:

1. "Linda, an explosion occurred at a residence on the reservation. Our insured is the contractor who installed the water heater. The insured is being sued in Tribal Court along with the Tribal Housing Authority and others. We need you to defend."

2 "Tony, an employee from the Tribal Casino located outside the reservation was driving a company vehicle and was involved in a motor-vehicle accident with our insured trucker. We have paid our insured trucker's property damage and property losses and would like to subrogate against the at-fault Indian driver and Casino. Can you assist?"

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