Gavle v. Little Six, Inc.

I respectfully dissent. While I agree with the majority that state courts have concurrent jurisdiction with tribal courts in lawsuits of this type, I disagree with the majority’s conclusion that for-profit, multi-million dollar private tribal businesses like Little Six, Inc. (LSI) may rely upon the same sovereign immunity defense to which the tribe itself is entitled. As the majority frames the issue, the question is whether LSI is a tribal entity “analogous to a governmental agency” which should benefit from the sovereign immunity defense, or whether LSI is in fact a “commercial business…