Alabama Supreme Court Rejects Tribal Immunity Defense in Two of Three Cases against Poarch Band Creek

Here are the opinions:

2017.09.29 – Harrison opinion

Briefs:

Harrison Brief

Reply

2017.09.29 – Rape opinion

We posted some briefs on the Rape case here. Additional materials here:

Tribe Brief

Reply

2017.09.29 – Wilkes opinion

Briefs:

Wilkes Brief

Tribe Brief

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.

NCAI Amicus Brief in Rape v. Poarch Band

Here:

NCAI Amicus Brief

Prior materials here.

Opening Briefs in Alabama Supreme Court Case where Plaintiff and State Challenging Poarch Band Sovereignty under Carcieri

Here are the materials so far in Rape v. Poarch Band of Creek Indians:

Brief of Appellant

State AMICUS BRIEF – FILED

Update: Hildreth Motion for Leave to File Amicus [Escambia County]

The case arises from a jackpot claim at the tribal casino.

Alabama Supreme Court Rules on Electronic Bingo

If anyone’s interested, an entirely state law decision.

Surles v City of Ashville