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Law
Tribal business enterprises protected from lawsuit


The Arizona Court of Appeals issued a ruling last month that protects tribal enterprises from lawsuits.

A non-Indian family sued the Tohono O'odham Nation's casino for serving alcohol to a man who later caused a fatal accident. The tribe has a state liquor license. The accident occurred off the reservation.

Normally, a state liquor license would open the tribe liable to lawsuits for serving alcohol to someone who is "obviously intoxicated." But the court ruled that economic arms of a tribe are entitled to sovereign immunity.

The family has filed a separate lawsuit in tribal court.

Get the Story:
Casino liability ruled out in off-reservation deaths (The Arizona Republic 3/23)

Arizona Appeals Court Decision:
Filer v. Tohono O'odham Nation Gaming Enterprise (Feburary 28, 2006)