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High Court Adopts Federal Standard for Determining Tribal Sovereign Immunity

Monday, February 22, 2021 | 133 | 0 | 15 min read

The North Dakota Supreme Court adopted the federal court system’s six-part test for determining whether tribally owned corporations are protected by sovereign immunity. Case: State ex rel. Workforce Safety and Insurance v. Cherokee Services Group LLC, No. 20200166, 02/18/2021, published. Facts and procedural history: Cherokee Services Group LLC, Cherokee Nation Government Solutions LLC, Cherokee Medical Services LLC and Cherokee Nation Technologies LLC are wholly owned by the Cherokee Nation, a federally recognized tribe. The Cherokee Nation has no sovereign land in North Dakota,...

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