Arizona SCT Holds Tribal Company Did Not Establish Status as Subordinate Entity and Was Not Entitled to Immunity

Here is the opinion in Hwal’Bay Ba J Enterprises v. Jantzen:

hwalbay-v.-jantzen-ariz-2020.pdf

An excerpt:

An Indian tribe’s “subordinate economic organization” serves as an “arm of the tribe” and therefore shares its sovereign immunity. This tort case affords us an opportunity to identify factors courts should examine to decide whether a tribal entity serves in that capacity. After doing so, we conclude the tribal entity here did not prove it is a subordinate economic organization entitled to share the tribe’s immunity, and the superior court therefore did not err by denying the entity’s motion to dismiss.

Briefs are here.