Lewis v Clarke named the most important tribal law decision of 2017
Lexus Nexus and it’s national legal publication Law 360 have named Lewis v Clarke the most important tribal law decision of 2017.
James Harrington, of Polito and Harrington, represented the Lewis’s and was victorious at the United States Supreme Court in a unanimous 8-0 decision. The United States Supreme Court reversed the Connecticut Supreme Court holding that a Mohegan Sun casino employee sued in an individual capacity suit for a motor vehicle accident off the tribal reservation could not invoke the tribe’s sovereign immunity from suit in state court.
In reversing the Conn. Supreme Court, the United States Supreme Court carved out an important limitation on tribal sovereign immunity.
Tribal claims handled by Polito & Harrington include wrongful death claims, slip and falls due to ice or other unsafe conditions at Foxwoods or Mohegan casinos, construction accidents, defective gaming machine injuries, injuries as a result of negligent casino security, and motor vehicle accidents upon casino grounds or injuries in or by vehicles owned and/or operated by a casino.
If injured while at the Connecticut casino, including Foxwoods and Mohegan Sun casinos, you should consult with a CT tribal attorney to determine whether a claim must be filed in tribal court.