The Washington Court of Appeals recently decided Foxworthy v. Puyallup Tribe of Indians, a dram shop tort claim against a tribal business enterprise. The Court held that the Puyallup tribe hadn’t waived its immunity in state court.
The opinion was out, but is missing online at the moment. When I get a nice, clean pdf I’ll put it up. It is on Westlaw, etc.
The plaintiff’s brief is here: Foxworthy Opening Brief
The tribe’s response is here: Puyallup Response Brief
The plaintiff’s reply is here: Foxworthy Reply Brief