A federal appellate court upheld Indian sovereignty in a lawsuit against the Miccosukee tribe but called tribal immunity an outdated notion in an era when tribes run vast gambling operations and other businesses.
“The doctrine of tribal sovereign immunity may well be anachronistic and overbroad in its application, especially when applied to shield from suit even the most sophisticated enterprises of Indian tribes, including commercial activities such as the sale of alcohol that have obvious and substantial impacts on nontribal parties,” Judge Stanley Marcus of the U.S. Court of Appeals for the Eleventh Circuit wrote in the June 29 ruling.
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