First, we want to express our deepest sympathy to the family and colleagues of Rob Rosette, who recently walked on far too young. Rob’s impact on Indian country and the practice of Indian law cannot be understated. He was a true giant in the field. Over the years, Rob and his firm hired many of our alums from Michigan State’s Indigenous Law and Policy Center, and for that we are grateful. He will be missed.
Here are the newest materials in Williams & Cochrane LLP v. Quechan Tribe of the Fort Yuma Reservation (S.D. Cal.):
Whether this Court, to allow for more complete state court tort remedies against individual tribal employees, as indicated in Lewis v. Clarke, 137 S. Ct. 1285 (2017), should clarify existing tribal sovereign immunity law to allow tort vic- tims to sue a tribe based on vicarious lia- bility when a tribe ratifies individual tribal employees’ actions giving rise to the state tort claims.
Whether the lower court’s refusal to rec- ognize a tribe’s ratification of tribal em- ployees’ allegedly tortious acts, as an express waiver of sovereign immunity im- permissibly interferes with states’ rights to award remedies to tort victims.