A dram shop action from the Superior Court, Hartford Judicial District. The court found no waiver of sovereign immunity and dismissed the case.
dram shop
Foxworthy Case in WA COA — Dram Shop Actions and Tribal Immunity — Wash SCt Petition
The Plaintiff has petitioned the State Supreme Court for review.
I don’t have a copy of the Plaintiff’s new petition (assuming there is one), but the petition she filed in October of 2006 is posted in the first message in this thread. The Tribe’s Answer to the Petition for Review (filed in mid-December) is available here.
Our previous posts with lower court materials are here and here.
Foxworthy Case in WA COA — Dram Shop Actions and Tribal Immunity — Updated
The Washington Court of Appeals recently decided Foxworthy v. Puyallup Tribe of Indians, a dram shop tort claim against a tribal business enterprise. The Court held that the Puyallup tribe hadn’t waived its immunity in state court.
The opinion is here.
The plaintiff’s brief is here: Foxworthy Opening Brief
The tribe’s response is here: Puyallup Response Brief
The plaintiff’s reply is here: Foxworthy Reply Brief
Wash. Court of Appeals — Dram Shop Actions and Tribal Sovereign Immunity
The Washington Court of Appeals recently decided Foxworthy v. Puyallup Tribe of Indians, a dram shop tort claim against a tribal business enterprise. The Court held that the Puyallup tribe hadn’t waived its immunity in state court.
The opinion was out, but is missing online at the moment. When I get a nice, clean pdf I’ll put it up. It is on Westlaw, etc.
The plaintiff’s brief is here: Foxworthy Opening Brief
The tribe’s response is here: Puyallup Response Brief
The plaintiff’s reply is here: Foxworthy Reply Brief
Turtle Talk 