Litigation and Alternative Dispute Resolution

Contact: Berger Singerman (Florida, USA) 

In a recent case, the United States Court of Appeals for the Eleventh Circuit affirmed the District Court’s judgment that the doctrine of tribal sovereign immunity barred a wrongful death suit

against the Miccosukee Tribe based on its having served large amounts of alcohol to the decedent. The Court of Appeals ruled in favor of the Tribe despite its own doubts concerning the wisdom of perpetuating the doctrine of tribal immunity in the context of commercial activity. The doctrine remains a significant factor for those conducting business with Tribes in the state of Florida, and as Florida considers whether to expand gambling within the state.

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