Alabama Supreme Court Finds Purchasing Dram Shop Insurance Waives Sovereign Immunity

Writ of Mandamus denied without opinion, but the concurring opinion is here.

Because the Poarch Band has structured its
Tribal Code to prevent dram-shop claims from being heard in
the tribal court, its claim of immunity from a state-court
action is accordingly diminished.

***

Because PBCI’s formal covenant to assume financial
responsibility in dram-shop actions constitutes an explicit
waiver of its sovereign immunity from liability for such
actions, I concur in denying PBCI’s petition for a writ of
mandamus ordering the trial court to dismiss this action on
the ground of tribal immunity.

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