Commercial Litigation and Arbitration

Factors to Determine Whether an Economic Entity Is Entitled to Tribal Sovereign Immunity

From Breakthrough Management Group, Inc. v. Chukchansi Gold Casino And Resort, 2010 U.S. App. LEXIS 26210 (10th Cir. Dec. 27, 2010):

At this time there is no need to define the precise boundaries of the appropriate test to determine if a tribe's economic entity qualifies as a subordinate economic entity entitled to share in a tribe's immunity. In this case, we conclude that the following factors are helpful in informing our inquiry: (1) the method of creation of the economic entities; (2) their purpose; (3) their structure, ownership, and management, including the amount of control the tribe has over the entities; (4) the tribe's intent with respect to the sharing of its sovereign immunity; and (5) the financial relationship between the tribe and the entities. *** Furthermore, our analysis also is guided by a sixth factor: the policies underlying tribal sovereign immunity and its connection to tribal economic development, and whether those policies are served by granting immunity to the economic entities. *** Those policies include protection of the tribe's monies, *** as well as "preservation of tribal cultural autonomy, preservation of tribal self-determination, and promotion of commercial dealings between Indians and non-Indians, ***

Share this article:

Facebook
Twitter
LinkedIn
Email

Recent Posts

Archives