INDIAN AND TRIBAL LAW
Primary Contact Attorney: Ann C. McCormick
We represent numerous Washington Native American Tribes, including their employees and Tribal Councils. We provide vigorous and cost-effective representation, including aggressive motion practice to obtain early dismissal of lawsuits in which tribal sovereign immunity is dispositive. Our practice includes representation at the trial and appellate court level in tribal, state and federal courts and in federal administrative agency investigations and actions in diverse areas, including:
- Tort Claims (Premises Liability, Assault and Battery, Dram Shop)
- Employment
- False Claims Act
- Violation of Whistleblower Statutes
- Constitutional Challenges to Tribal Ordinances
Attorneys Who Practice in This Area:
Maggie Bruya Kirschner
Ann C. McCormick
Sarah S. Visbeek
Representative Matters:
We recently obtained dismissal with prejudice, based upon the bar of tribal sovereign immunity, of all claims for the alleged unconstitutional activities of a Tribal Council and its Chairman. The dismissal was affirmed at the Tribal Court of Appeals.
We successfully moved to dismiss for lack of subject matter jurisdiction an action in federal district court for alleged violation of the False Claims Act.
We obtained dismissal in Tribal Court of an action for failure to comply with the 180-day notice requirement of a limited waiver of tribal sovereign immunity in the Tribe's Tort Ordinance.
We achieved dismissal on the basis of tribal sovereign immunity of a lawsuit alleging dram shop liability for over-service of alcohol at an Indian casino affirmed by Division II of the Court of Appeals in Foxworthy v. Puyallup Tribe of Indians, 141 Wn. App. 221 (2007).
