Jenn Weddle Guest Commentary on Lewis v. Clarke

This was the best possible result in this case (a narrow remand).  Justice Sotomayor’s opinion keeps tribal employees on equal footing with federal and state employees and decides the import of indemnification provisions – really have nothing to do with…

Initial Observations about Lewis v. Clarke

Opinion and materials here. The initial impact could be very big. The holding is pretty broad, bringing in the doctrine of official immunity to the tribal context without the same grounding or context as state and federal official immunity doctrines.…

U.S. Supreme Court Reverses and Remands Lewis v. Clarke

Opinion here. JUSTICE SOTOMAYOR delivered the opinion of the Court. Indian tribes are generally entitled to immunity from suit. This Court has considered the scope of that immunity in a number of circumstances. This case presents an ordinary negligence action…

Quick and Dirty Early Commentary on Lewis v. Clarke Oral Argument

In short, the tribal interests are more likely to prevail than some commentators might want. Overall, the Supreme Court is definitely concerned about the apparent extension of tribal immunity to off-reservation acts by tribal employees but doesn’t seem likely to assert…