Legal Question in Civil Litigation in California

waiver of soviergn immunity by indian tribes

An Indian Tribe sues its members in state court for conversion. The members cross-complain for wrongful termination in the same court. The Tribe demurrers based on soviergn immunity from suit in state courts. Need authority that Tribe waived its immunity right when it filed in state court.


Asked on 1/26/99, 5:37 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: waiver of soviergn immunity by indian tribes

I'm no expert on the law as it applies to Indian tribes, but I have had a bit of experience with sovereign immunity. In my experience, a sovereign does NOT waive its immunity by filing suit (otherwise governmental agencies would have a very strong incentive to sue), so I don't have any helpful advice to offer you. You may just be out of luck onthis issue.

Edward Hoffman

Law Offices of Edward A. Hoffman

11620 Wilshire Boulevard, #340


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Answered on 2/01/99, 3:30 pm


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