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Upper Skagit To Set The Bar For Tribal Sovereign Immunity

Law360 (February 13, 2018, 4:17 PM EST) -- On Feb. 16, 2017, the Washington Supreme Court dealt a blow to tribal nations in Upper Skagit Indian Tribe v. Lundgren, 187 Wn.2d 857 (2017), finding that tribal sovereign immunity did not bar an in rem jurisdiction lawsuit against property owned by a tribal government. Typically, a state’s supreme court ruling ends the inquiry for parties. However, the Upper Skagit Indian Tribe has chosen to fight on, obtaining certiorari before the United States Supreme Court to determine whether the tribal sovereign immunity doctrine applies to in...
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