Summary
The immunity granted Federally recognized Indian Tribes can play a significant role in business relationships between a Tribe and any other entity. In general Tribes cannot be sued for any reason within or outside the borders of their reservation. If not addressed through a waiver of immunity at the outset, business relationships could be significantly impacted.
Analysis
Federally recognized Indian tribes enjoy broad based immunity from actions in State courts. Even incidents occurring outside a Tribe's reservation borders fall outside the jurisdiction of State courts. I personally can bring this further having been sued by the Mohegan Tribe of Indians of Connecticut in a State court. A subsequent suit brought by me against the same Tribe for their actions, in the same court system, was dismissed based on their immunity. My case went as far as the State Supreme Court where the dismissal was affirmed. The Tribe was able to quiet me in pursuit of a Pennsylvania Gaming License by utilizing the State court system and I had no legal recourse.
Any business relationships with American Indian tribes should take the issue of sovereign immunity seriously as this issue may significantly affect legal recourse in the future
