Here are the opinions:
Briefs:
We posted some briefs on the Rape case here. Additional materials here:
Briefs:
Here are the opinions:
Briefs:
We posted some briefs on the Rape case here. Additional materials here:
Briefs:
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.
Here are the materials so far in Rape v. Poarch Band of Creek Indians:
Update: Hildreth Motion for Leave to File Amicus [Escambia County]
The case arises from a jackpot claim at the tribal casino.
If anyone’s interested, an entirely state law decision.