At Polito & Harrington, the health and well-being of our clients, employees and the community remains our top priority. We are closely monitoring the Coronavirus and following the guidance of local, state and federal authorities. We will be conducting all non- essential meetings via video or teleconference and remain available to service our clients’ legal needs. Essential meetings in the office will be conducted in accordance with guidance from public health authorities.Although the closure of courts and other cancellations are likely to occur, we remain fully committed to continuing to provide our clients with the same level of service and attention to their legal needs that they have come to expect from Polito & Harrington. We are also open and accepting new cases and referrals. We continue to remain available by email (info@politolaw.com) and via our office phone number (860-447-3300) should you or anyone you know needs to reach us.

Wishing everyone good health,
~ The lawyers and staff of Polito & Harrington

Supreme Court: Tribal employee can be sued

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A U.S. Supreme Court decision earlier this week involving a Mohegan Sun limo driver will make it a bit easier to sue employees of Indian tribes in state courts.

In an opinion written by Justice Sonia Sotomayor, the unanimous decision overturns a state Supreme Court ruling that said William Clarke, the limo driver, could only be sued in the Mohegan Tribes own court because he was doing his job for an Indian tribe when a crash with Brian and Michelle Lewis took place.

James Harrington, who represented the Lewises’, practices frequently in the tribal courts of the Mohegans and the Mashantucket Pequots. He said the courts have caps on the amounts of damages a plaintiff is entitled to, and their cases are decided by judges, not juries.

The ruling does not limit tribal sovereignty on reservations or involving the tribes themselves, meaning anyone accidentally injured at either tribal-owned casino in Connecticut still won’t be able to sue except in a tribal court.

After losing her case in tribal court, Sun tried to sue several Foxwoods officials who confiscated her winnings in federal court in Connecticut, claiming: “Plaintiffs are suing them … in their individual capacities in concert with a state police officer.”

Read the full article here.

 

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