An Indian tribe is subject to suit only where Congress has authorized the suit or the tribe has waived its immunity.
A commercial entity sued an Indian Tribe in state court for breach of contract after the Tribe signed a promissory note. The Tribe moved to dismiss based on sovereign immunity. The court considers whether tribal immunity extends to off-reservation commercial activities. Under federal law, an Indian tribe is subject to suit only where Congress has authorized the suit or the tribe has waived its immunity. Because the Tribe did not waive its immunity and Congress has not abrogated it, the Tribe enjoys immunity from suits on contracts, regardless of whether the activities are governmental or commercial or occur on or off a reservation.
At page 754 Tribal sovereign immunity and scope of suit157 citing cases“as a matter of federal law, an indian tribe is subject to suit only where congress has authorized the suit or the tribe has waived its immunity.”
- DiCesare v. Cherokee Nation, No. 4:24-cv-00295 (N.D. Okla. June 27, 2024).Kiowa Tribe of Oklahoma v. Manufacturing Technologies, Inc., 523 U.S. 751, 755 (1998) (“[A]n Indian tribe is subject to suit only where Congress has authorized the suit or the tribe has waived its immunity.”).
- Haas v. Cherokee Nation Tribe Chief, No. 4:23-cv-00090 (N.D. Okla. Mar. 14, 2023).See Kiowa Tribe of Oklahoma v. Manufacturing Technologies, Inc., 523 U.S. 751, 755 (1998) (“[A]n Indian tribe is subject to suit only where Congress has authorized the suit or the tribe has waived its immunity.”).
- Ute Indian Tribe of the Uintah v. Lawrence, 22 F.4th 892 (10th Cir. 2022).published Their statements about when a tribe is “subject to suit” address the circumstances in which a tribe cannot assert sovereign immunity as a defense: when “Congress has authorized the suit or the tribe has waived its immunity.” Kiowa, 523 U.S…
- Rincon Band of Luiseno Mission Indians etc. v. Flynt, 70 Cal. App. 5th 1059 (Cal. Ct. App. 2021).published (As a matter of federal law, an Indian tribe is subject to suit only where Congress has authorized the suit or the tribe has waived its immunity.)
- Mendoza v. Isleta Resort & Casino, 2020-NMSC-006, 460 P.3d 467.published(As a matter of federal law, an Indian tribe is subject to suit only where Congress has authorized the suit or the tribe has waived its immunity.)
- In the Matter of the Death of Taylor, 343 P.3d 219 (Okla. Civ. App. 2014).published We have found only two cases that seem to acknowledge this approach, Kiowa Tribe of Oklahoma, Inc. , 523 U.S. at 758, 118 S. Ct. at 1704 ("At one time, the doctrine of tribal immunity from suit might have been thought necessary to protect…
- Michigan v. Bay Mills Indian Cmty., 572 U.S. 782 (2014).published In each case, we said a State must resort to other remedies, even if they would be less “efficient.” Id., at 514; see Kiowa, 523 U. S., at 755 (“There is a difference between the right to demand compliance with state laws and the means ava…
- Wells Fargo Bank v. Apache Tribe of Oklahoma, 2015 OK CIV APP 10.published We have found only two cases that seem to acknowledge this approach, Kiowa Tribe of Oklahoma, Inc. , 523 U.S. at 758, 118 S. Ct. at 1704 ("At one time, the doctrine of tribal immunity from suit might have been thought necessary to protect…
- Cayuga Indian Nation v. Seneca Cnty., 890 F. Supp. 2d 240 (W.D.N.Y. 2012).published Id., 118 S.Ct. at 1704-1705 (“The capacity of the Legislative Branch to address the issue by comprehensive legislation counsels some caution by us in this area.... [W]e decline to revisit our case law and choose to defer to Congress.”).
- Cook v. AVI Casino Enter., Inc., 548 F.3d 718 (9th Cir. 2008).published Kiowa, 523 U.S. at 758 (“There are reasons to doubt the wisdom of perpetuating [tribal immunity] . . . . [T]ribal immunity extends beyond what is needed to safe- guard tribal self-governance.
Show 137 more citing cases
- Narragansett Indian v. State of Rhode Islan, 449 F.3d 16 (1st Cir. 2005).published (As a matter of federal law a tribe is subject to suit only where Congress has authorized the suit or the tribe has waived its immunity.)
- Bassett v. Mashantucket Pequot Tribe, 204 F.3d 343 (2d Cir. 2000).published See, e.g., Florida Paraplegic Assn., Inc. v. Miccosukee Tribe, 166 F.3d 1126, 1129-33 (11th Cir.1999) (holding that the Americans with Disabilities Act applies to Indian tribes, but that the Act does not abrogate tribal immunity, and there…
- Bassett Ent. Corp. v. Mashantucket Pequot Tribe, 204 F.3d 343 (2d Cir. 2000).published See, e.g., Florida Paraplegic Assn, Inc. v. Miccosukee Tribe, 166 F.3d 1126, 1129-33 (11th Cir. 1999) (holding that the Americans with Disabilities Act applies to Indian tribes, but that the Act does not abrogate tribal immunity, and there…
- Rich v. Akwesasne Mohawk Casino Resort, No. 8:24-cv-00255 (N.D.N.Y. Aug. 6, 2024). Techs., Inc., 523 U.S. 751 , 754 (1998) (citations omitted); see Bassett v. Mashantucket Pequot Tribe, 204 F.3d 343, 356 (2d Cir. 2000) (“It is by now well established that Indian tribes possess the common-law immunity from suit traditiona…
- Waukegan Potawatomi Casino, LLc v. City of Waukegan, No. 1:20-cv-00750, 2024 WL 1363733 (N.D. Ill. Mar. 29, 2024).(an Indian tribe is subject to suit only where Congress has authorized the suit or the tribe has waived its immunity)
- Nat'l Labor Relations Bd. v. Little River Band of Ottawa Indians Tribal Gov't, 788 F.3d 537 (6th Cir. 2015).published Technologies, Inc., 523 U.S. 751 , 758 (1998) (“[T]ribal [sovereignty] extends beyond what is needed to safeguard tribal self-governance.”).
- Wells Fargo Bank v. Lake of the Torches Econ. Dev. Corp., 658 F.3d 684 (7th Cir. 2011).published (As a matter of federal law, an Indian tribe is subject to suit only where Congress has authorized the suit or the tribe has waived its immunity.)
- Oneida Indian Nation of NY v. Madison Cnty., 605 F.3d 149 (2d Cir. 2010).published “our cases have sustained tribal immunity from suit without drawing a distinction based on where the tribal activities occurred.”
- Redding Rancheria v. Superior Court, 88 Cal. App. 4th 384 (Cal. Ct. App. 2001).published
- State of New York v. Shinnecock Indian Nation, 686 F.3d 133 (2d Cir. 2012).published
- Hamaatsa, Inc. v. Pueblo of San Felipe, 2013-NMCA-094, 310 P.3d 631.published
- Hamaatsa, Inc. v. Pueblo of San Felipe, 2013-NMCA-094, 4 N.M. 741.published
- Flying T Ranch, Inc. v. Stillaguamish Tribe of Indians, 577 P.3d 382 (Wash. 2025).published
- Florida Paraplegic, Ass'n v. Miccosukee Tribe of Indians of Florida, 166 F.3d 1126 (11th Cir. 1999).published
- Florida v. Seminole Tribe of Florida, 181 F.3d 1237 (11th Cir. 1999).published
- Jerry Sanderlin v. Seminole Tribe of Florida, 243 F.3d 1282 (11th Cir. 2001).published
- Linneen v. Gila River Indian Cmty., 276 F.3d 489 (9th Cir. 2002).published
- Thompson v. Crow Tribe of Indians, 1998 MT 161, 962 P.2d 577.published
- Antonio v. Inn of the Mountain Gods Resort & Casino, 2010-NMCA-077, 242 P.3d 425.published
- Carl E. Gungoll Expl. Jt. Venture v. Kiowa Tribe of Oklahoma, 1998 OK 128, 975 P.2d 442.published
- Hoover v. Kiowa Tribe of Oklahoma, 1999 OK 61, 986 P.2d 516.published
- Iowa Mgmt. & Consultants, Inc. v. Sac & Fox Tribe of the Mississippi in Iowa, 656 N.W.2d 167 (Iowa 2003).published
- Danka Funding Co. v. Sky City Casino, 747 A.2d 837 (N.J. Super. Ct. App. Div. 1999).published
- Mayes v. Cherokee Nation (In Re Mayes), 294 B.R. 145 (B.A.P. 10th Cir. 2003).published
- Ameriloan v. Superior Court, 169 Cal. App. 4th 81 (Cal. Ct. App. 2008).published
- Dewberry v. Kulongoski, 406 F. Supp. 2d 1136 (D. Or. 2005).published
- Buchanan v. Sokaogon Chippewa Tribe, 40 F. Supp. 2d 1043 (E.D. Wis. 1999).published
- Cossey v. Cherokee Nation Enter., LLC, 2009 OK 6, 212 P.3d 447.published
- Matheson v. Gregoire, 161 P.3d 486 (Wash. Ct. App. 2007).published
- Wright v. Colville Tribal Enter. Corp., 147 P.3d 1275 (Wash. 2006).published
- Bittle v. Bahe, 2008 OK 10, 192 P.3d 810.published
- Sue/Perior Concrete & Paving, Inc. v. Lewiston Glof Course Corp., 25 N.E.3d 928 (N.Y. 2014).published
- Marceau v. Blackfeet Hous. Auth., 455 F.3d 974 (9th Cir. 2006).published
- Oglala Sioux Tribe v. C & W Enter., INC., 542 F.3d 224 (8th Cir. 2008).published
- Burlington N. & Santa Fe Ry. Co. v. Vaughn, 509 F.3d 1085 (9th Cir. 2007).published
- United States ex rel. Cain v. Salish Kootenai Coll., Inc., 862 F.3d 939 (9th Cir. 2017).published
- WSI v. Cherokee Servs. Grp., 2021 ND 36, 955 N.W.2d 67.published
- Outsource Servs. Mgmt., LLC v. Nooksack Bus. Corp., 292 P.3d 147 (Wash. Ct. App. 2013).published
- Pezold, Richey, Caruso & Barker v. Cherokee Nation Indus. Inc., 2001 OK CIV APP 13, 18 P.3d 364.published
- Ellis v. Allied Snow Plowing, Removal & Sanding Servs. Corp., 838 A.2d 237 (Conn. App. Ct. 2004).published
- Koscielak v. Stockbridge-Munsee Cmty., 2012 WI App 30, 811 N.W.2d 451.published
- Tasso v. Lucky Star Casino, 2022 OK CIV APP 15, 512 P.3d 374.published
- Buzulis v. Mohegan Sun Casino, 2006 Mass. App. Div. 145 (Mass. Dist. Ct., App. Div. 2006).published
- Muscogee (Creek) Nation v. Poarch Band of Creek Indians, 525 F. Supp. 3d 1359 (M.D. Ala. 2021).published
- Drake v. Salt River Pima-Maricopa Indian Cmty., 411 F. Supp. 3d 513 (D. Ariz. 2019).published
- Victor v. Seminole Gaming, No. 0:23-cv-61185 (S.D. Fla. July 25, 2023).
- Allegany Capital Enter., LLC v. Cox, No. 1:19-cv-00160 (W.D.N.Y. Feb. 12, 2021).
- Skull Valley Health Care v. NorStar Consultants, No. 2:22-cv-00326 (D. Utah Aug. 2, 2023).
- Cooper v. Forest Cnty. Potawatomi Hotel & Casino, No. 2:23-cv-01611 (E.D. Wis. Apr. 22, 2024).
- Comm'r of the N.Y. State Dept. of Transp. v. Polite, 236 A.D.3d 82 (N.Y. App. Div. 2d Dep't 2024).published
- Comstock Oil & Gas Inc. v. Alabama & Coushatta Indian Tribes, 261 F.3d 567 (5th Cir. 2001).published
- Freemanville Water Sys., Inc. v. Poarch Band of Creek Indians, 563 F.3d 1205 (11th Cir. 2009).published
- Burrell v. Armijo, 456 F.3d 1159 (10th Cir. 2006).published
- Miner Elec., Inc. v. Muscogee (Creek) Nation, 505 F.3d 1007 (10th Cir. 2007).published
- Aroostook Band of Micmacs v. Ryan, 404 F.3d 48 (1st Cir. 2005).published
- Amerind Risk Mgmt. v. Myrna Malaterre, 633 F.3d 680 (8th Cir. 2011).published
- Chayoon v. Chao, 355 F.3d 141 (2d Cir. 2004).published
- John v. Furry v. Miccosukee Tribe of Indians of Florida, 685 F.3d 1224 (11th Cir. 2012).published
- State of Michigan v. Bay Mills Indian Cmty., 695 F.3d 406 (6th Cir. 2012).published
- Knox v. State ex rel. Otter, 223 P.3d 266 (Idaho 2009).published
- Tassone v. Foxwoods Resort Casino, 519 F. App'x 27 (2d Cir. 2013).unpublished
- Armijo v. Pueblo of Laguna, 2011-NMCA-006, 247 P.3d 1119.published
- Memphis Biofuels, LLC v. Chickasaw Nation Indus., Inc., 585 F.3d 917 (6th Cir. 2009).published
- Marceau v. Blackfeet Hous. Auth., 519 F.3d 838 (9th Cir. 2008).published
- Marceau v. Blackfeet Hous. Auth., 540 F.3d 916 (9th Cir. 2008).published
- Seminole Tribe of Florida v. McCor, 903 So. 2d 353 (Fla. 2d DCA 2005).published
- Meyer & Assocs., Inc. v. Coushatta Tribe of La., 992 So. 2d 446 (La. 2008).published
- Bonnette v. Tunica-Biloxi Indians, 873 So. 2d 1 (La. Ct. App. 2004).published
- Warfield v. Navajo Nation (In Re Davis Chevrolet, Inc.), 282 B.R. 674 (Bankr. D. Ariz. 2002).published
- Crowe & Dunlevy, P.C. v. Stidham, 609 F. Supp. 2d 1211 (N.D. Okla. 2009).published
- In re Nat'l Cattle Cong., 247 B.R. 259 (Bankr. N.D. Iowa 2000).published
- State v. Lasley, 705 N.W.2d 481 (Iowa 2005).published
- Friends of East Willits Valley v. Cnty. of Mendocino, 101 Cal. App. 4th 191 (Cal. Ct. App. 2002).published
- Big Valley Band of Pomo Indians v. Superior Court, 133 Cal. App. 4th 1185 (Cal. Ct. App. 2005).published
- Tribal Smokeshop, Inc v. Alabama-Coushatta Tribes ex rel. Tribal Council, 72 F. Supp. 2d 717 (E.D. Tex. 1999).published
- Seneca Tel. Co. v. Miami Tribe of Oklahoma, 2011 OK 15, 253 P.3d 53.published
- Wampanoag Tribe of Gay Head v. Massachusetts Comm'n Against Discrimination, 63 F. Supp. 2d 119 (D. Mass. 1999).published
- Ferguson v. SMSC Gaming Enter., 475 F. Supp. 2d 929 (D. Minn. 2007).published
- Native Am. Distrib. v. Seneca-Cayuga Tobacco, Co., 491 F. Supp. 2d 1056 (N.D. Okla. 2007).published
- Agua Caliente Band of Cahuilla Indians v. Superior Court, 148 P.3d 1126 (Cal. 2006).published
- Quinton v. Cherokee Nation Enter., 2010 OK CIV APP 16, 229 P.3d 581.published
- Cash Advance & Pref. Cash Loans v. State, 242 P.3d 1099 (Colo. 2010).published
- Aircraft Equip. Co. v. Kiowa Tribe, 2000 OK 27, 2 P.3d 338.published
- Gallegos v. Pueblo of Tesuque, 2002-NMSC-012, 46 P.3d 668.published
- State of Michigan v. Sault Ste. Marie Tribe of Chippewa Indians, 737 F.3d 1075 (6th Cir. 2013).published
- Bonnet v. Harvest (U.S.) Holdings, Inc., 741 F.3d 1155 (10th Cir. 2014).published
- Stephanie Mastro v. Seminole Tribe of Florida, 578 F. App'x 801 (11th Cir. 2014).unpublished
- Fort Yates Pub. Sch. Dist. 4 v. Murphy ex rel. C.M.B., 786 F.3d 662 (8th Cir. 2015).published
- Ute Indian Tribe of the Uintah & Ouray Reservation v. Utah, 790 F.3d 1000 (10th Cir. 2015).published
- State of Arizona v. Tohono O'Odham Nation, 818 F.3d 549 (9th Cir. 2016).published
- Greenidge v. Volvo Car Fin., 28 Conn. L. Rptr. 2 (Conn. Super. Ct. 2000).unpublished
- Dontigney v. Brown, 2002 Conn. Super. Ct. 12899 (Conn. Super. Ct. 2002).unpublished
- First Am. Casino v. E. Pequot Nation, 30 Conn. L. Rptr. 107 (Conn. Super. Ct. 2001).unpublished
- Finn v. Great Plains Lending, LLC, 689 F. App'x 608 (10th Cir. 2017).unpublished
- Ryan Harvey v. Ute Indian Tribe of the Uintah, 2017 UT 75, 416 P.3d 401.published
- Yankton Sioux Tribe v. Kempthorne, No. 2003-1603 (D.D.C. Aug. 8, 2019).published
- Commw. of Mass. v. Wampanoag Tribe of Gay Head, No. 19-1661P (1st Cir. Feb. 25, 2021).published
- Ohlsen v. United States, 998 F.3d 1143 (10th Cir. 2021).published
- Kelly v. Poarch Band of Creek Indians, 155 So. 3d 224 (Ala. 2014).published
- Conley v. Comstock Oil & Gas, LP, 356 S.W.3d 755 (Tex. App.—Beaumont 2011).published
- Buzulis v. Mohegan Sun Casino, 871 N.E.2d 527 (Mass. App. Ct. 2007).published
- Alabama v. PCI Gaming Auth., 15 F. Supp. 3d 1161 (M.D. Ala. 2014).published
- Bodi v. Shingle Springs Band of Miwok Indians, 19 F. Supp. 3d 978 (E.D. Cal. 2014).published
- Everette v. Mitchem, 146 F. Supp. 3d 720 (D. Md. 2015).published
- Lesperance v. Sault Ste. Marie Tribe of Chippewa Indians, 259 F. Supp. 3d 713 (W.D. Mich. 2017).published
- Lewis v. Edwards, 815 So. 2d 656 (Fla. 4th DCA 2002).published
- Bates Assocs., LLC v. 132 Assocs., LLC, 799 N.W.2d 177 (Mich. Ct. App. 2010).published
- Buchwald Capital Advisors, LLC v. Papas (In re Greektown Holdings, LLC), 475 B.R. 563 (E.D. Mich. 2012).published
- Buchwald Capital Advisors, LLC v. Papas (In re Greektown Holdings, LLC), 532 B.R. 680 (E.D. Mich. 2015).published
- Buchwald Capital Advisors, LLC v. Sault Ste. Marie Tribe of Chippewa Indians, 584 B.R. 706 (E.D. Mich. 2018).published
- Cherokee Nation v. United States Dep't of Interior, 643 F. Supp. 3d 90 (D.D.C. 2022).published
- Colombe v. Rosebud Sioux Tribe, 835 F. Supp. 2d 736 (D.S.D. 2011).published
- Gooding v. Ketcher, 838 F. Supp. 2d 1231 (N.D. Okla. 2012).published
- Warren v. United States, 859 F. Supp. 2d 522 (W.D.N.Y. 2012).published
- Pueblo of Santa Ana v. Nash, 972 F. Supp. 2d 1254 (D.N.M. 2013).published
- Stifel, Nicolaus & Co. v. Lac du Flambeau Band of Lake Superior Chippewa Indians, 980 F. Supp. 2d 1078 (W.D. Wis. 2013).published
- La Plante v. Mohegan Tribal Gaming Auth., 3 G.D.R. 17 (2006).published
- LaVigne v. Mohegan Tribe of Indians of Connecticut, 1 M.T.C.R. 25 (2005).published
- Fox v. Brown, 1 M.T.C.R. 36 (2005).published
- Stephen Villasenor v. Torres-Martinez Desert Cahuilla Indians, No. 22-55637 (9th Cir. July 19, 2023).unpublished
- Aquate II, LLC v. Jessica Myers, 100 F.4th 1316 (11th Cir. 2024).published
- Evans Energy Partners, LLC v. Seminole Tribe of Florida, Inc., No. 2:20-cv-00978 (M.D. Fla. Sept. 17, 2021).
- Eglise Baptiste Bethanie De Ft. Lauderdale, Inc. v. Seminole Tribe of Florida, No. 0:19-cv-62591 (S.D. Fla. Jan. 3, 2020).
- Butler v. Leech Lake Band of Ojibwe, No. 0:20-cv-02332 (D. Minn. June 28, 2021).
- Minnesota Dep't of Nat. Resources v. White Earth Band of Ojibwe, The, No. 0:21-cv-01869 (D. Minn. Sept. 3, 2021).
- Ledford v. E. Band of Cherokee Indians, No. 1:20-cv-00005 (W.D.N.C. Nov. 12, 2020).
- Hanson v. Parisien, 473 F. Supp. 3d 970 (D.N.D. 2020).published
- Clark v. Haaland, No. 1:21-cv-01091 (D.N.M. Sept. 28, 2022).
- Whalen v. Oglala Sioux Tribe Exec. Officers, No. 5:20-cv-05070 (D.S.D. Sept. 20, 2021).
- Holguin v. Ysleta Del Sur Pueblo, No. 3:21-cv-00067 (W.D. Tex. Sept. 9, 2021).
- Stormcrow, No. 4:25-cv-00554 (N.D. Okla. Feb. 17, 2026).
- Inyo Cnty. v. Paiute-Shoshone Indians of the Bishop Cmty. of the Bishop Colony, 538 U.S. 1 (2003).published“an Indian tribe is subject to suit only where Congress has authorized the suit or the tribe has waived its immunity”
- Inyo Cnty. v. Paiute-Shoshone Indians of the Bishop Cmty. of the Bishop Colony, 538 U.S. 701 (2003).published“an Indian tribe is subject to suit only where Congress has authorized the suit or the tribe has waived its immunity”
- Canadian St. Regis Band of Mohawk Indians ex rel. Francis v. New York, 278 F. Supp. 2d 313 (N.D.N.Y. 2003).published“As a matter of federal law, an Indian tribe is subject to suit only where Congress has authorized the suit or the tribe has waived its immunity.”
- Oneida Indian Nation of New York v. New York, 194 F. Supp. 2d 104 (N.D.N.Y. 2002).published“As a matter of federal law, an Indian tribe is subject to suit only where Congress has authorized the suit or the tribe has waived its immunity.”
- C & L Enter. Inc. v. Citizen Band Potawatomi Indian Tribe of Oklahoma, 532 U.S. 411 (2001).published
- Hilda Garcia v. Akwesasne Hous. Auth. & John Ransom, 268 F.3d 76 (2d Cir. 2001).published
At page 760 Tribal sovereign immunity from contractual suits66 citing cases“tribes enjoy immunity from suits on contracts, whether those contracts involve governmental or commercial activities and whether they were made on or off a reservation.”
- Flying T Ranch, Inc., V. Stillaguamish Tribe Of Indians, 549 P.3d 727 (Wash. Ct. App. 2024).published (Tribes enjoy immunity from suits on contracts, whether those contracts involve governmental or commercial activities and whether they were made on or off a reservation.)
- Ute Indian Tribe of the Uintah v. Lawrence, 22 F.4th 892 (10th Cir. 2022).published (Congress has not abrogated this immunity, nor has [the tribe] waived it, so the immunity governs this case.)
- Hwal'bay Ba J Enter. Inc v. Hon. jantzen/fox, 458 P.3d 102 (Ariz. 2020).published See id. at 814 (stating the expansion of tribal immunity in Kiowa was “error” and “an affront to state sovereignty”); Kiowa, 523 U.S. at 758 (“There are reasons to doubt the wisdom of perpetuating the doctrine. . . .
- Hamaatsa, Inc. v. Pueblo of San Felipe, 388 P.3d 977 (N.M. 2016).published Kiowa, 523 U.S. at 755 (“We have 8 recognized that a State may have authority to tax or regulate tribal activities occurring 9 within the State but outside Indian country.”); Potawatomi I, 498 U.S. at 515 (holding 10 that Oklahoma may tax…
- In the Matter of the Death of Taylor, 343 P.3d 219 (Okla. Civ. App. 2014).published We have found only two cases that seem to acknowledge this approach, Kiowa Tribe of Oklahoma, Inc. , 523 U.S. at 758, 118 S. Ct. at 1704 ("At one time, the doctrine of tribal immunity from suit might have been thought necessary to protect…
- Michigan v. Bay Mills Indian Cmty., 572 U.S. 782 (2014).published In each case, we said a State must resort to other remedies, even if they would be less “efficient.” Id., at 514; see Kiowa, 523 U. S., at 755 (“There is a difference between the right to demand compliance with state laws and the means ava…
- Wells Fargo Bank v. Apache Tribe of Oklahoma, 2015 OK CIV APP 10, 360 P.3d 1243.published We have found only two cases that seem to acknowledge this approach, Kiowa Tribe of Oklahoma, Inc., 523 U.S. at 758 , 118 S.Ct. at 1704 ("At one time, the doctrine of tribal inmunity from suit might '» have been thought necessary to protec…
- Wells Fargo Bank v. Apache Tribe of Oklahoma, 2015 OK CIV APP 10.published We have found only two cases that seem to acknowledge this approach, Kiowa Tribe of Oklahoma, Inc. , 523 U.S. at 758, 118 S. Ct. at 1704 ("At one time, the doctrine of tribal immunity from suit might have been thought necessary to protect…
- Narragansett Indian v. State of Rhode Islan, 449 F.3d 16 (1st Cir. 2005).published See also Kiowa, 523 U.S. at 754, 118 S.Ct. 1700 ("As a matter of federal law a tribe is subject to suit only where Congress has authorized the suit or the tribe has waived its immunity."); Montana, 450 U.S. at 544 , 101 S.Ct. 1245 (Indian…
- Bassett Ent. Corp. v. Mashantucket Pequot Tribe, 204 F.3d 343 (2d Cir. 2000).published See, e.g., Florida Paraplegic Assn, Inc. v. Miccosukee Tribe, 166 F.3d 1126, 1129-33 (11th Cir. 1999) (holding that the Americans with Disabilities Act applies to Indian tribes, but that the Act does not abrogate tribal immunity, and there…
Show 51 more citing cases
- Rich v. Akwesasne Mohawk Casino Resort, No. 8:24-cv-00255 (N.D.N.Y. Aug. 6, 2024). Techs., Inc., 523 U.S. 751 , 754 (1998) (citations omitted); see Bassett v. Mashantucket Pequot Tribe, 204 F.3d 343, 356 (2d Cir. 2000) (“It is by now well established that Indian tribes possess the common-law immunity from suit traditiona…
- World Fuel Servs. v. Nambe Pueblo Dev., 362 F. Supp. 3d 1021 (D.N.M. 2019).published (Tribes enjoy immunity from suits on contracts, whether those contracts involve governmental or commercial activities and whether they were made on or off a reservation.)
- Buchwald Capital Advisors, LLC v. Papas (In re Greektown Holdings, LLC), 559 B.R. 842 (Bankr. E.D. Mich. 2016).published(Tribes enjoy immunity from suits on contracts, whether those contracts involve governmental or commercial activities and whether they were made on or off a reservation. Congress has not abrogated this immunity, nor has…)
- Flandreau Santee Sioux Tribe v. Gerlach, 162 F. Supp. 3d 888 (D.S.D. 2016).published (Tribes enjoy immunity from suits on contracts, whether those contracts involve governmental or commercial activities and whether they were made on or off a reservation.)
- Nahno-lopez v. Houser, 627 F. Supp. 2d 1269 (W.D. Okla. 2009).published (Tribes enjoy immunity from suits on contracts, whether those contracts involve governmental or commercial activities and whether they were made on or off a reservation.)
- Native Am. Distrib. v. Seneca-Cayuga Tobacco Co., 546 F.3d 1288 (10th Cir. 2008).published (Tribes enjoy immunity from suits on contracts, whether those contracts involve governmental or commercial activities and whether they were made on or off a reservation.)
- Trudgeon v. Fantasy Springs Casino, 71 Cal. App. 4th 632 (Cal. Ct. App. 1999).published
- Redding Rancheria v. Superior Court, 88 Cal. App. 4th 384 (Cal. Ct. App. 2001).published
- State of New York v. Shinnecock Indian Nation, 686 F.3d 133 (2d Cir. 2012).published
- Hamaatsa, Inc. v. Pueblo of San Felipe, 2013-NMCA-094, 310 P.3d 631.published
- Hamaatsa, Inc. v. Pueblo of San Felipe, 2013-NMCA-094, 4 N.M. 741.published
- Flying T Ranch, Inc. v. Stillaguamish Tribe of Indians, 577 P.3d 382 (Wash. 2025).published
- Antonio v. Inn of the Mountain Gods Resort & Casino, 2010-NMCA-077, 242 P.3d 425.published
- Ameriloan v. Superior Court, 169 Cal. App. 4th 81 (Cal. Ct. App. 2008).published
- Bittle v. Bahe, 2008 OK 10, 192 P.3d 810.published
- Sue/Perior Concrete & Paving, Inc. v. Lewiston Glof Course Corp., 25 N.E.3d 928 (N.Y. 2014).published
- United States ex rel. Cain v. Salish Kootenai Coll., Inc., 862 F.3d 939 (9th Cir. 2017).published
- WSI v. Cherokee Servs. Grp., 2021 ND 36, 955 N.W.2d 67.published
- Drake v. Salt River Pima-Maricopa Indian Cmty., 411 F. Supp. 3d 513 (D. Ariz. 2019).published
- Comm'r of the N.Y. State Dept. of Transp. v. Polite, 236 A.D.3d 82 (N.Y. App. Div. 2d Dep't 2024).published
- Eggers v. Healing Lodge of the Seven Nations, No. 2:24-cv-00078 (E.D. Wash. Aug. 13, 2025).
- Bales v. Chickasaw Nation Indus., 606 F. Supp. 2d 1299 (D.N.M. 2009).published
- Costello v. Seminole Tribe of Florida, 763 F. Supp. 2d 1295 (M.D. Fla. 2010).published
- MacArthur v. San Juan Cnty., 391 F. Supp. 2d 895 (D. Utah 2005).published
- Harrison v. PCI Gaming Auth., 251 So. 3d 24 (Ala. 2017).published
- Aircraft Equip. Co. v. Kiowa Tribe of Oklahoma, 1998 OK 126, 975 P.2d 450.published
- McNally CPA's & Consultants, S.C. v. DJ Hosts, Inc., 2004 WI App 221, 692 N.W.2d 247.published
- Great W. Casinos, Inc. v. Morongo Band of Mission Indians, 74 Cal. App. 4th 1407 (Cal. Ct. App. 1999).published
- Ogden v. Iowa Tribe of Kansas & Nebraska, 250 S.W.3d 822 (Mo. Ct. App. 2008).published
- People v. Miami Nation Enter., No. B242644 (Cal. Ct. App. Jan. 21, 2014).published
- United States ex rel. John Yellow Bird Steele v. Turn Key Gaming, Inc., 260 F.3d 971 (8th Cir. 2001).published
- Mark S. Allen v. Gold Country Casino the Berry Creek Rancheria of Tyme Maidu Indians Mattie Mayhew, 464 F.3d 1044 (9th Cir. 2006).published
- Sue/Perior Concrete & Paving, Inc. v. Lewiston Golf Course Corp., 109 A.D.3d 80 (N.Y. App. Div. 4th Dep't 2013).published
- MCI Commc'ns Servs., Inc. v. Arizona Tel. Co., 158 F. Supp. 3d 571 (N.D. Tex. 2015).published
- Metcalf v. Coquille Indian Tribal Council, 9 Am. Tribal Law 1 (2009).published
- Confederated Tribes of Grand Ronde v. Strategic Wealth Mgmt. Inc., 6 Am. Tribal Law 126 (2005).published
- Tsosie v. N.T.U.A. Wireless LLC, No. 2:23-cv-00105 (D. Ariz. June 27, 2023).
- Freemanville Water Sys., Inc. v. Poarch Band of Creek Indians, 563 F.3d 1205 (11th Cir. 2009).published
- Meyer & Assocs., Inc. v. Coushatta Tribe of La., 992 So. 2d 446 (La. 2008).published
- Bonnette v. Tunica-Biloxi Indians, 873 So. 2d 1 (La. Ct. App. 2004).published
- Gallegos v. Pueblo of Tesuque, 2002-NMSC-012, 46 P.3d 668.published
- Ryan Harvey v. Ute Indian Tribe of the Uintah, 2017 UT 75, 416 P.3d 401.published
- Yankton Sioux Tribe v. Kempthorne, No. 2003-1603 (D.D.C. Aug. 8, 2019).published
- Eglise Baptiste Bethanie De Ft. Lauderdale, Inc. v. Seminole Tribe of Florida, No. 0:19-cv-62591 (S.D. Fla. Jan. 3, 2020).
- Calvello v. Yankton Sioux Tribe, 1998 S.D. 107, 584 N.W.2d 108.published
- State ex rel. Suthers v. Cash Advance, 205 P.3d 389 (Colo. Ct. App. 2008).published
- Aron Sec., Inc. v. Unkechaug Indian Nation, 151 A.D.3d 674 (N.Y. App. Div. 2d Dep't 2017).published
- Mapp v. Viejas Band of Kumeyaay Indians, No. D081152 (Cal. Ct. App. Oct. 24, 2023).unpublished
- C & L Enter. Inc. v. Citizen Band Potawatomi Indian Tribe of Oklahoma, 532 U.S. 411 (2001).published
- Inyo Cnty. v. Paiute-Shoshone Indians of the Bishop Cmty. of the Bishop Colony, 538 U.S. 1 (2003).published
- Inyo Cnty. v. Paiute-Shoshone Indians of the Bishop Cmty. of the Bishop Colony, 538 U.S. 701 (2003).published
At page 755 Distinguishing state law compliance from suit immunity44 citing cases“there is a difference between the right to demand compliance with state laws and the means available to enforce them.”
- DiCesare v. Cherokee Nation, No. 4:24-cv-00295 (N.D. Okla. June 27, 2024).([A]n Indian tribe is subject to suit only where Congress has authorized the suit or the tribe has waived its immunity.)
- Haas v. Cherokee Nation Tribe Chief, No. 4:23-cv-00090 (N.D. Okla. Mar. 14, 2023).([A]n Indian tribe is subject to suit only where Congress has authorized the suit or the tribe has waived its immunity.)
- George Hengle v. Sherry Treppa, 19 F.4th 324 (4th Cir. 2021).published(There is a difference between the right to demand compliance with state laws and the means available to enforce them.)
- Hamaatsa, Inc. v. Pueblo of San Felipe, 388 P.3d 977 (N.M. 2016).published (We have 8 recognized that a State may have authority to tax or regulate tribal activities occurring 9 within the State but outside Indian country.)
- Michigan v. Bay Mills Indian Cmty., 572 U.S. 782 (2014).published (There is a difference between the right to demand compliance with state laws and the means available to enforce them)
- Narragansett Indian v. State of Rhode Islan, 449 F.3d 16 (1st Cir. 2005).published See also Kiowa, 523 U.S. at 754, 118 S.Ct. 1700 ("As a matter of federal law a tribe is subject to suit only where Congress has authorized the suit or the tribe has waived its immunity."); Montana, 450 U.S. at 544 , 101 S.Ct. 1245 (Indian…
- Bassett v. Mashantucket Pequot Tribe, 204 F.3d 343 (2d Cir. 2000).published (To say substantive state laws apply to off-reservation conduct ... is not to say that a tribe no longer enjoys immunity from suit)
- Bassett Ent. Corp. v. Mashantucket Pequot Tribe, 204 F.3d 343 (2d Cir. 2000).published (To say substantive state laws apply to off-reservation conduct . . . is not to say that a tribe no longer enjoys immunity from suit.)
- Jeremy Meyers v. Oneida Tribe of Indians of Wi, 836 F.3d 818 (7th Cir. 2016).published (There is a difference between the right to demand compliance with state laws and the means available to enforce them.)
- Oneida Indian Nation of NY v. Madison Cnty., 605 F.3d 149 (2d Cir. 2010).published “There is a difference between the right to demand compliance with state laws and the means available to enforce them.”
Show 34 more citing cases
- Pearson v. Chugach Gov't Servs. Inc., 669 F. Supp. 2d 467 (D. Del. 2009).published (There is a difference between the right to demand compliance with state laws [i.e. exemption] and the means available to enforce them [i.e. immunity].)
- Redding Rancheria v. Superior Court, 88 Cal. App. 4th 384 (Cal. Ct. App. 2001).published
- State of New York v. Shinnecock Indian Nation, 686 F.3d 133 (2d Cir. 2012).published
- Hamaatsa, Inc. v. Pueblo of San Felipe, 2013-NMCA-094, 4 N.M. 741.published
- Flying T Ranch, Inc. v. Stillaguamish Tribe of Indians, 577 P.3d 382 (Wash. 2025).published
- Florida Paraplegic, Ass'n v. Miccosukee Tribe of Indians of Florida, 166 F.3d 1126 (11th Cir. 1999).published
- Thompson v. Crow Tribe of Indians, 1998 MT 161, 962 P.2d 577.published
- Buchanan v. Sokaogon Chippewa Tribe, 40 F. Supp. 2d 1043 (E.D. Wis. 1999).published
- WSI v. Cherokee Servs. Grp., 2021 ND 36, 955 N.W.2d 67.published
- Victor v. Seminole Gaming, No. 0:23-cv-61185 (S.D. Fla. July 25, 2023).
- Fond Du Lac Band of Lake Superior Chippewa v. Frans, 649 F.3d 849 (8th Cir. 2011).published
- Paul W. Bucher v. Dakota Fin. Corp., No. 12-6004 (B.A.P. 8th Cir. July 19, 2012).published
- Cabazon Band of Mission Indians v. Smith, 34 F. Supp. 2d 1201 (C.D. Cal. 1998).published
- Bassett v. Mashantucket Pequot Museum & Rsch. Ctr. Inc., 221 F. Supp. 2d 271 (D. Conn. 2002).published
- Oneida Indian Nation of New York v. Madison Cnty., 401 F. Supp. 2d 219 (N.D.N.Y. 2005).published
- Brown v. robertson/yanpd, No. 1 CA-CV 14-0812 (Ariz. Ct. App. Jan. 19, 2016).unpublished
- Cayuga Indian Nation of New York v. Seneca Cnty., 978 F.3d 829 (2d Cir. 2020).published
- Coughlin v. Lac du Flambeau Band of Lake Superior Chippewa Ind, 33 F.4th 600 (1st Cir. 2022).published
- Wiener v. Wampanoag Aquinnah Shellfish Hatchery Corp., 16 Mass. L. Rptr. 659 (Mass. Super. Ct. 2003).published
- Bucher v. Dakota Fin. Corp. (In re Whitaker), 474 B.R. 687 (B.A.P. 8th Cir. 2012).published
- Butrick v. Dine Dev. Corp., No. 3:23-cv-00884 (E.D. Va. Oct. 30, 2024).
- Eggers v. Healing Lodge of the Seven Nations, No. 2:24-cv-00078 (E.D. Wash. Aug. 13, 2025).
- Alexandria Parrotta v. Island Resort & Casino, 155 F.4th 879 (6th Cir. 2025).published
- State of Michigan v. Bay Mills Indian Cmty., 695 F.3d 406 (6th Cir. 2012).published
- Meyer & Assocs., Inc. v. Coushatta Tribe of La., 992 So. 2d 446 (La. 2008).published
- Cash Advance & Pref. Cash Loans v. State, 242 P.3d 1099 (Colo. 2010).published
- Buchwald Capital Advisors, LLC v. Papas (In re Greektown Holdings, LLC), 532 B.R. 680 (E.D. Mich. 2015).published
- Foxworthy v. Puyallup Tribe of Indians Ass'n, 169 P.3d 53 (Wash. Ct. App. 2007).published
- Filer v. Tohono O'Odham Nation Gaming Enter., 129 P.3d 78 (Ariz. Ct. App. 2006).published
- Opinion No. (2011) (Okla. Att’y Gen. 2011).published
- Christine J. Williams v. Poarch Band of Creek Indians, 839 F.3d 1312 (11th Cir. 2016).published
- Blue Lake Rancheria v. Lanier, 106 F. Supp. 3d 1134 (E.D. Cal. 2015).published
- Hilda Garcia v. Akwesasne Hous. Auth. & John Ransom, 268 F.3d 76 (2d Cir. 2001).published“There is a difference between the right to demand compliance with state laws [by an Indian tribe] and the means available to enforce them.”
- John v. Baker, 982 P.2d 738 (Alaska 1999).published“We have recognized that a State may have authority to tax or regulate tribal activities occurring within the State but outside Indian country.... To say substantive state laws apply to off-reservation conduct, however,…”
At page 756 Tribal immunity as a matter of federal law37 citing cases“we have often noted, however, that the immunity possessed by indian tribes is not coextensive with that of the states.”
- Roemen v. United States, 463 F. Supp. 3d 990 (D.S.D. 2020).published “the immunity possessed by indian tribes is not coextensive with that of the states.”
- Hamaatsa, Inc. v. Pueblo of San Felipe, 388 P.3d 977 (N.M. 2016).published Kiowa, 523 U.S. at 755 (“We have 8 recognized that a State may have authority to tax or regulate tribal activities occurring 9 within the State but outside Indian country.”); Potawatomi I, 498 U.S. at 515 (holding 10 that Oklahoma may tax…
- In the Matter of the Death of Taylor, 343 P.3d 219 (Okla. Civ. App. 2014).published We have found only two cases that seem to acknowledge this approach, Kiowa Tribe of Oklahoma, Inc. , 523 U.S. at 758, 118 S. Ct. at 1704 ("At one time, the doctrine of tribal immunity from suit might have been thought necessary to protect…
- Michigan v. Bay Mills Indian Cmty., 572 U.S. 782 (2014).published In each case, we said a State must resort to other remedies, even if they would be less “efficient.” Id., at 514; see Kiowa, 523 U. S., at 755 (“There is a difference between the right to demand compliance with state laws and the means ava…
- Wells Fargo Bank v. Apache Tribe of Oklahoma, 2015 OK CIV APP 10.published We have found only two cases that seem to acknowledge this approach, Kiowa Tribe of Oklahoma, Inc. , 523 U.S. at 758, 118 S. Ct. at 1704 ("At one time, the doctrine of tribal immunity from suit might have been thought necessary to protect…
- Narragansett Indian v. State of Rhode Islan, 449 F.3d 16 (1st Cir. 2005).published See also Kiowa, 523 U.S. at 754, 118 S.Ct. 1700 ("As a matter of federal law a tribe is subject to suit only where Congress has authorized the suit or the tribe has waived its immunity."); Montana, 450 U.S. at 544 , 101 S.Ct. 1245 (Indian…
- Yvonne Ito v. Copper River Native Ass'n, 547 P.3d 1003 (Alaska 2024).published Techs., Inc., 523 U.S. 751 , 756 (1998)). 164 See, e.g., Linneen v. Gila River Indian Cmty., 276 F.3d 489 , 492 (9th Cir. 2002) (“Such ‘sue and be sued’ clauses waive immunity with respect to a tribe’s corporate activities, but not with re…
- D Ronald L Nelson v. Chippewa Ottawa Resource Auth., No. 363660 (Mich. Ct. App. Jan. 25, 2024).unpublished “the immunity possessed by indian tribes is not coextensive with that of the states”
- Archambault v. United States, 641 F. Supp. 3d 636 (D.S.D. 2022).published“we have often noted, however, that the immunity possessed by indian tribes is not coextensive with that of the states.”
- Upper Skagit Tribe v. Lundgren, 584 U.S. 554 (2018).published “the immunity possessed by indian tribes is not coextensive with that of the states”
Show 27 more citing cases
- MM&A Prods., LLC v. Yavapai-apache Nation, 316 P.3d 1248 (Ariz. Ct. App. 2014).published “tjribal immunity is a matter of federal law and is not subject to diminution by the states.”
- McCrary v. Ivanof Bay Vill., 265 P.3d 337 (Alaska 2011).published “we have often noted ... that the immunity possessed by indian tribes is not coextensive with that of the states.”
- Trudgeon v. Fantasy Springs Casino, 71 Cal. App. 4th 632 (Cal. Ct. App. 1999).published
- Redding Rancheria v. Superior Court, 88 Cal. App. 4th 384 (Cal. Ct. App. 2001).published
- Lustre Oil v. Anadarko, 2023 MT 62, 527 P.3d 586.published
- Hamaatsa, Inc. v. Pueblo of San Felipe, 2013-NMCA-094, 310 P.3d 631.published
- Hamaatsa, Inc. v. Pueblo of San Felipe, 2013-NMCA-094, 4 N.M. 741.published
- Flying T Ranch, Inc. v. Stillaguamish Tribe of Indians, 577 P.3d 382 (Wash. 2025).published
- Antonio v. Inn of the Mountain Gods Resort & Casino, 2010-NMCA-077, 242 P.3d 425.published
- Danka Funding Co. v. Sky City Casino, 747 A.2d 837 (N.J. Super. Ct. App. Div. 1999).published
- Sue/Perior Concrete & Paving, Inc. v. Lewiston Glof Course Corp., 25 N.E.3d 928 (N.Y. 2014).published
- United States ex rel. Cain v. Salish Kootenai Coll., Inc., 862 F.3d 939 (9th Cir. 2017).published
- Koscielak v. Stockbridge-Munsee Cmty., 2012 WI App 30, 811 N.W.2d 451.published
- Muscogee (Creek) Nation v. Poarch Band of Creek Indians, 525 F. Supp. 3d 1359 (M.D. Ala. 2021).published
- Drake v. Salt River Pima-Maricopa Indian Cmty., 411 F. Supp. 3d 513 (D. Ariz. 2019).published
- Comm'r of the N.Y. State Dept. of Transp. v. Polite, 236 A.D.3d 82 (N.Y. App. Div. 2d Dep't 2024).published
- Bales v. Chickasaw Nation Indus., 606 F. Supp. 2d 1299 (D.N.M. 2009).published
- Costello v. Seminole Tribe of Florida, 763 F. Supp. 2d 1295 (M.D. Fla. 2010).published
- MacArthur v. San Juan Cnty., 391 F. Supp. 2d 895 (D. Utah 2005).published
- Alltel Commc'ns, LLC v. Dejordy, 675 F.3d 1100 (8th Cir. 2012).published
- Findleton v. Coyote Valley Band of Pomo Indians, 1 Cal. App. 5th 1194 (Cal. Ct. App. 2016).published
- People ex rel. Owen v. Miami Nation Enters., 386 P.3d 357 (Cal. 2016).published
- Bldg. Inspector & Zoning Officer v. Wampanoag Aquinnah Shellfish Hatchery Corp., 818 N.E.2d 1040 (Mass. 2004).published
- Harrison v. PCI Gaming Auth., 251 So. 3d 24 (Ala. 2017).published
- Amerind Risk Mgmt. v. Myrna Malaterre, 633 F.3d 680 (8th Cir. 2011).published
- Meyer & Assocs., Inc. v. Coushatta Tribe of La., 992 So. 2d 446 (La. 2008).published
- Yankton Sioux Tribe v. Kempthorne, No. 2003-1603 (D.D.C. Aug. 8, 2019).published
At page 758 Doubt regarding tribal immunity in modern commerce37 citing casesThere are reasons to doubt the wisdom of perpetuating [tribal immunity] . . . . [T]ribal immunity extends beyond what is needed to safe- guard tribal self-governance. This is evident when tribes take part in the Nation’s commerce.
- Hendrik Block v. Tule River Tribal Council, No. 1:20-cv-01691 (E.D. Cal. July 7, 2022). ([W]e defer to the role Congress may wish to exercise in this important judgment.)
- Hwal'bay Ba J Enter. Inc v. Hon. jantzen/fox, 458 P.3d 102 (Ariz. 2020).published (There are reasons to doubt the wisdom of perpetuating the doctrine. . . . In our interdependent and mobile society, . . . tribal immunity extends beyond what is needed to safeguard tribal self-governance.)
- Buchwald Capital Advisors, LLC v. Sault Ste. Marie Tribe of Chippewa Indians (In Re Greektown Holdings, LLC), 917 F.3d 451 (6th Cir. 2019).published See id. at 800 (“[I]t is fundamentally Congress’ job, not ours, to determine whether or how to limit tribal immunity.”); Kiowa, 523 U.S. at 759 (“The capacity of the Legislative Branch to address [this] issue by comprehensive legislation c…
- In the Matter of the Death of Taylor, 343 P.3d 219 (Okla. Civ. App. 2014).published (At one time, the doctrine of tribal immunity from suit might have been thought necessary to protect nascent tribal governments from encroachments by States)
- Michigan v. Bay Mills Indian Cmty., 572 U.S. 782 (2014).published In each case, we said a State must resort to other remedies, even if they would be less “efficient.” Id., at 514; see Kiowa, 523 U. S., at 755 (“There is a difference between the right to demand compliance with state laws and the means ava…
- Wells Fargo Bank v. Apache Tribe of Oklahoma, 2015 OK CIV APP 10, 360 P.3d 1243.published (At one time, the doctrine of tribal inmunity from suit might '» have been thought necessary to protect nascent tribal© governments from encroachments by - States)
- Wells Fargo Bank v. Apache Tribe of Oklahoma, 2015 OK CIV APP 10.published (At one time, the doctrine of tribal immunity from suit might have been thought necessary to protect nascent tribal governments from encroachments by States)
- Cayuga Indian Nation v. Seneca Cnty., 890 F. Supp. 2d 240 (W.D.N.Y. 2012).published (The capacity of the Legislative Branch to address the issue by comprehensive legislation counsels some caution by us in this area.... [W]e decline to revisit our case law and choose to defer to Congress.)
- Cook v. AVI Casino Enter., Inc., 548 F.3d 718 (9th Cir. 2008).published (There are reasons to doubt the wisdom of perpetuating [tribal immunity] . . . . [T]ribal immunity extends beyond what is needed to safe- guard tribal self-governance. This is evident when tribes take part in the Nation…)
- Wisconsin v. Ho-Chunk Nation, 512 F.3d 921 (7th Cir. 2008).published ([Congress] has restricted tribal immunity from suit in limited circumstances.)
Show 23 more citing cases
- Williams v. Big Picture Loans, LLC, 329 F. Supp. 3d 248 (E.D. Va. 2018).published “immunity can harm those who are unaware that they are dealing with a tribe, who do not know of tribal immunity, or who have no choice in the matter, as in the case of tort victims.”
- Churchill Fin. Mgmt. Corp. v. Clearnexus, Inc., 802 S.E.2d 85 (Ga. Ct. App. 2017).published Technologies, 523 U. S. 751 , 755-756 (II) ( 118 SCt 1700 , 140 LE2d 981) (1998).
- Nat'l Labor Relations Bd. v. Little River Band of Ottawa Indians Tribal Gov't, 788 F.3d 537 (6th Cir. 2015).published “tjribal sovereignty extends beyond what is needed to safeguard tribal self-governance.”
- Trudgeon v. Fantasy Springs Casino, 71 Cal. App. 4th 632 (Cal. Ct. App. 1999).published
- Redding Rancheria v. Superior Court, 88 Cal. App. 4th 384 (Cal. Ct. App. 2001).published
- Hamaatsa, Inc. v. Pueblo of San Felipe, 2013-NMCA-094, 4 N.M. 741.published
- Jerry Sanderlin v. Seminole Tribe of Florida, 243 F.3d 1282 (11th Cir. 2001).published
- Danka Funding Co. v. Sky City Casino, 747 A.2d 837 (N.J. Super. Ct. App. Div. 1999).published
- Wright v. Colville Tribal Enter. Corp., 147 P.3d 1275 (Wash. 2006).published
- Koscielak v. Stockbridge-Munsee Cmty., 2012 WI App 30, 811 N.W.2d 451.published
- Skull Valley Health Care v. NorStar Consultants, No. 2:22-cv-00326 (D. Utah Aug. 2, 2023).
- Coughlin v. Lac du Flambeau Band of Lake Superior Chippewa Ind, 33 F.4th 600 (1st Cir. 2022).published
- Costello v. Seminole Tribe of Florida, 763 F. Supp. 2d 1295 (M.D. Fla. 2010).published
- Alltel Commc'ns, LLC v. Dejordy, 675 F.3d 1100 (8th Cir. 2012).published
- People ex rel. Owen v. Miami Nation Enters., 386 P.3d 357 (Cal. 2016).published
- Somerlott v. Cherokee Nation Distributors, Inc., 686 F.3d 1144 (10th Cir. 2012).published
- Aircraft Equip. Co. v. Kiowa Tribe of Oklahoma, 1998 OK 126, 975 P.2d 450.published
- Cayuga Indian Nation v. Seneca Cnty., 761 F.3d 218 (2d Cir. 2014).published
- Self v. Cher-AE Heights Indian Cmty. etc., 60 Cal. App. 5th 209 (Cal. Ct. App. 2021).published
- Amerind Risk Mgmt. v. Myrna Malaterre, 633 F.3d 680 (8th Cir. 2011).published
- Memphis Biofuels, LLC v. Chickasaw Nation Indus., Inc., 585 F.3d 917 (6th Cir. 2009).published
- Bonnette v. Tunica-Biloxi Indians, 873 So. 2d 1 (La. Ct. App. 2004).published
- Eglise Baptiste Bethanie De Ft. Lauderdale, Inc. v. Seminole Tribe of Florida, No. 0:19-cv-62591 (S.D. Fla. Jan. 3, 2020).
At page 759 Comparing tribal and foreign sovereign immunity under federal law17 citing casesLike foreign sovereign immunity, tribal immunity is a matter of federal law.
- Flying T Ranch, Inc., V. Stillaguamish Tribe Of Indians, 549 P.3d 727 (Wash. Ct. App. 2024).published Cf. 28 U.S.C. § 1605 (a)(2) (exception to immunity for “commercial activity carried on in the United States”) with Kiowa, 523 U.S. at 760 (“Tribes enjoy immunity from suits on contracts, whether those contracts involve governmental or comm…
- Jamul Action Comm. v. E. Sequoyah Simermeyer, 974 F.3d 984 (9th Cir. 2020).published(Like foreign sovereign immunity, tribal immunity is a matter of federal law.)
- Buchwald Capital Advisors, LLC v. Sault Ste. Marie Tribe of Chippewa Indians (In Re Greektown Holdings, LLC), 917 F.3d 451 (6th Cir. 2019).published (The capacity of the Legislative Branch to address [this] issue by comprehensive legislation counsels some caution by us in this area.)
- Michigan v. Bay Mills Indian Cmty., 572 U.S. 782 (2014).published In each case, we said a State must resort to other remedies, even if they would be less “efficient.” Id., at 514; see Kiowa, 523 U. S., at 755 (“There is a difference between the right to demand compliance with state laws and the means ava…
- Narragansett Indian v. State of Rhode Islan, 449 F.3d 16 (1st Cir. 2005).published See also Kiowa, 523 U.S. at 754, 118 S.Ct. 1700 ("As a matter of federal law a tribe is subject to suit only where Congress has authorized the suit or the tribe has waived its immunity."); Montana, 450 U.S. at 544 , 101 S.Ct. 1245 (Indian…
- Upper Skagit Tribe v. Lundgren, 584 U.S. 554 (2018).published See Kiowa Tribe of Okla. v. Manufacturing Technologies, Inc., 523 U. S. 751 , 756 (1998) (“[T]he immunity possessed by Indian tribes is not coextensive with that of the States”).
- Hamaatsa, Inc. v. Pueblo of San Felipe, 2013-NMCA-094, 4 N.M. 741.published
- Antonio v. Inn of the Mountain Gods Resort & Casino, 2010-NMCA-077, 242 P.3d 425.published
- Cossey v. Cherokee Nation Enter., LLC, 2009 OK 6, 212 P.3d 447.published
- Wright v. Colville Tribal Enter. Corp., 147 P.3d 1275 (Wash. 2006).published
Show 5 more citing cases
- Costello v. Seminole Tribe of Florida, 763 F. Supp. 2d 1295 (M.D. Fla. 2010).published
- MacArthur v. San Juan Cnty., 391 F. Supp. 2d 895 (D. Utah 2005).published
- Ingrassia v. Chicken Ranch Bingo & Casino, 676 F. Supp. 2d 953 (E.D. Cal. 2009).published
- Legend Lake Prop. Owners Ass'n v. Guy Keshena, 2026 WI 21.published
- C & L Enter. Inc. v. Citizen Band Potawatomi Indian Tribe of Oklahoma, 532 U.S. 411 (2001).published“In considering Congress’ role in reforming tribal immunity, we find instructive the problems of sovereign immunity for foreign countries.”
At page 757 Reaffirming tribal sovereign immunity doctrine12 citing casesstating that the rationale supporting the tribal immunity doctrine “can be challenged as inapposite to modern, wide- ranging tribal enterprises extending well beyond traditional tribal customs and activities
- Hamaatsa, Inc. v. Pueblo of San Felipe, 388 P.3d 977 (N.M. 2016).published Kiowa, 523 U.S. at 755 (“We have 8 recognized that a State may have authority to tax or regulate tribal activities occurring 9 within the State but outside Indian country.”); Potawatomi I, 498 U.S. at 515 (holding 10 that Oklahoma may tax…
- Michigan v. Bay Mills Indian Cmty., 572 U.S. 782 (2014).published In each case, we said a State must resort to other remedies, even if they would be less “efficient.” Id., at 514; see Kiowa, 523 U. S., at 755 (“There is a difference between the right to demand compliance with state laws and the means ava…
- Narragansett Indian v. State of Rhode Islan, 449 F.3d 16 (1st Cir. 2005).published See also Kiowa, 523 U.S. at 754, 118 S.Ct. 1700 ("As a matter of federal law a tribe is subject to suit only where Congress has authorized the suit or the tribe has waived its immunity."); Montana, 450 U.S. at 544 , 101 S.Ct. 1245 (Indian…
- Hamaatsa, Inc. v. Pueblo of San Felipe, 2013-NMCA-094, 310 P.3d 631.published
- Hamaatsa, Inc. v. Pueblo of San Felipe, 2013-NMCA-094, 4 N.M. 741.published
- Flying T Ranch, Inc. v. Stillaguamish Tribe of Indians, 577 P.3d 382 (Wash. 2025).published
- Skull Valley Health Care v. NorStar Consultants, No. 2:22-cv-00326 (D. Utah Aug. 2, 2023).
- Harrison v. PCI Gaming Auth., 251 So. 3d 24 (Ala. 2017).published
- Wright v. Colville Tribal Enter. Corp., 111 P.3d 1244 (Wash. Ct. App. 2005).published
- Teressa Mestek v. Lac Courte Oreilles Cmty. Health Ctr., 72 F.4th 255 (7th Cir. 2023).published
At page 753 Tribal sovereign immunity in commercial suit context8 citing casesJustice Kennedy, delivered the opinion of the Court. In this commercial suit against an Indian Tribe, the Oklahoma Court of Civil Appeals rejected the Tribe's…
- Seneca, Dean v. Great Lakes Inter-Tribal Council, Inc., No. 3:21-cv-00304 (W.D. Wis. May 23, 2022). Techs., Inc., 523 U.S. 751 , 754 (1998)).
- State of New York v. Shinnecock Indian Nation, 686 F.3d 133 (2d Cir. 2012).published
- Hamaatsa, Inc. v. Pueblo of San Felipe, 2013-NMCA-094, 310 P.3d 631.published
- Yashenko v. Harrah's NC Casino, No. 05-1256 (4th Cir. Apr. 27, 2006).published
- Hamaatsa, Inc. v. Pueblo of San Felipe, 2013-NMCA-094, 4 N.M. 741.published
- Flying T Ranch, Inc. v. Stillaguamish Tribe of Indians, 577 P.3d 382 (Wash. 2025).published
- C & L Enter. Inc. v. Citizen Band Potawatomi Indian Tribe of Oklahoma, 532 U.S. 411 (2001).published
[T]he immunity possessed by Indian tribes is not coextensive with that of the States.
- Roemen v. United States, 463 F. Supp. 3d 990 (D.S.D. 2020).published ([T]he immunity possessed by Indian tribes is not coextensive with that of the States.)
- D Ronald L Nelson v. Chippewa Ottawa Resource Auth., No. 363660 (Mich. Ct. App. Jan. 25, 2024).unpublished ([T]he immunity possessed by Indian tribes is not coextensive with that of the States)
- Archambault v. United States, 641 F. Supp. 3d 636 (D.S.D. 2022).published(We have often noted, however, that the immunity possessed by Indian tribes is not coextensive with that of the States.)
- Upper Skagit Tribe v. Lundgren, 584 U.S. 554 (2018).published ([T]he immunity possessed by Indian tribes is not coextensive with that of the States)
- McCrary v. Ivanof Bay Vill., 265 P.3d 337 (Alaska 2011).published (We have often noted ... that the immunity possessed by Indian tribes is not coextensive with that of the States.)
At page 766 Dissenting view on tribal immunity for tort victims4 citing casesJ., Stevens, dissenting
- Hendrik Block v. Tule River Tribal Council, No. 1:20-cv-01691 (E.D. Cal. July 7, 2022). As such, plaintiff’s bare assertions that 22 this court should find a “special justification” for not applying tribal immunity here because the 23 7 Moreover, in Kiowa, the court noted that “[tribal] immunity can harm those who are unaware…
- Hwal'bay Ba J Enter. Inc v. Hon. jantzen/fox, 458 P.3d 102 (Ariz. 2020).published See id. at 814 (stating the expansion of tribal immunity in Kiowa was “error” and “an affront to state sovereignty”); Kiowa, 523 U.S. at 758 (“There are reasons to doubt the wisdom of perpetuating the doctrine. . . .
- Trudgeon v. Fantasy Springs Casino, 71 Cal. App. 4th 632 (Cal. Ct. App. 1999).published
- Agua Caliente Band of Cahuilla Indians v. Superior Court, 148 P.3d 1126 (Cal. 2006).published
140 L. Ed. 2d at 986 Analyzing tribal immunity and sovereign jurisdiction4 citing cases
- State ex rel. Cooper v. Seneca-Cayuga Tobacco Co., 676 S.E.2d 579 (N.C. Ct. App. 2009).published
- Welch Contracting, Inc. v. North Carolina Dep't of Transp., 622 S.E.2d 691 (N.C. Ct. App. 2005).published
- Filer v. Tohono O'Odham Nation Gaming Enter., 129 P.3d 78 (Ariz. Ct. App. 2006).published
118 S. Ct. at 1708 Tribal immunity for off-reservation commercial conduct3 citing cases
- Trudgeon v. Fantasy Springs Casino, 71 Cal. App. 4th 632 (Cal. Ct. App. 1999).published
- Redding Rancheria v. Superior Court, 88 Cal. App. 4th 384 (Cal. Ct. App. 2001).published
- Sheffer v. Buffalo Run Casino, PTE, Inc., 2013 OK 77, 315 P.3d 359.published
At page 751 Tribal sovereign immunity and its limitations3 citing casesproviding an historical overview of tribal sovereign immunity
- Churchill Fin. Mgmt. Corp. v. Clearnexus, Inc., 802 S.E.2d 85 (Ga. Ct. App. 2017).published Technologies, 523 U. S. 751 , 755-756 (II) ( 118 SCt 1700 , 140 LE2d 981) (1998).
- Garcia v. Akwesasne Hous. Auth., 105 F. Supp. 2d 12 (N.D.N.Y. 2000).published
- Lustre Oil v. Anadarko, 2023 MT 62, 527 P.3d 586.published
At page 763 Defining tribal sovereign immunity and jurisdictional limits4 citing casesStevens, 15 J., dissenting
- Hamaatsa, Inc. v. Pueblo of San Felipe, 388 P.3d 977 (N.M. 2016).published Kiowa, 523 U.S. at 755 (“We have 8 recognized that a State may have authority to tax or regulate tribal activities occurring 9 within the State but outside Indian country.”); Potawatomi I, 498 U.S. at 515 (holding 10 that Oklahoma may tax…
- Michigan v. Bay Mills Indian Cmty., 572 U.S. 782 (2014).published In each case, we said a State must resort to other remedies, even if they would be less “efficient.” Id., at 514; see Kiowa, 523 U. S., at 755 (“There is a difference between the right to demand compliance with state laws and the means ava…
- Narragansett Indian v. State of Rhode Islan, 449 F.3d 16 (1st Cir. 2005).published See also Kiowa, 523 U.S. at 754, 118 S.Ct. 1700 ("As a matter of federal law a tribe is subject to suit only where Congress has authorized the suit or the tribe has waived its immunity."); Montana, 450 U.S. at 544 , 101 S.Ct. 1245 (Indian…
At page 764 Limiting sovereign immunity to on-reservation conduct3 citing casesdis. opn. of Stevens, J.
- Michigan v. Bay Mills Indian Cmty., 572 U.S. 782 (2014).published In each case, we said a State must resort to other remedies, even if they would be less “efficient.” Id., at 514; see Kiowa, 523 U. S., at 755 (“There is a difference between the right to demand compliance with state laws and the means ava…
- Harrison v. PCI Gaming Auth., 251 So. 3d 24 (Ala. 2017).published
- Agua Caliente Band of Cahuilla Indians v. Superior Court, 148 P.3d 1126 (Cal. 2006).published
At page 765 Ste- vens, J., dissenting1 citing case
- Michigan v. Bay Mills Indian Cmty., 572 U.S. 782 (2014).published In each case, we said a State must resort to other remedies, even if they would be less “efficient.” Id., at 514; see Kiowa, 523 U. S., at 755 (“There is a difference between the right to demand compliance with state laws and the means ava…
Other citing cases
- Hinton v. Nation, No. 2023-1422 (D.D.C. Aug. 16, 2024).published
- Preciado v. Great Wolf Lodge, No. 2:22-cv-01422 (D. Ariz. Aug. 23, 2023).
- George Engasser v. Tetra Tech, Inc., No. 21-55217 (9th Cir. Aug. 12, 2022).unpublished
- Gingras v. Think Fin., Inc., 922 F.3d 112 (2d Cir. 2019).published
- Krystal Energy Co. v. Navajo Nation, 357 F.3d 1055 (9th Cir. 2004).published
v.
Manufacturing Technologies, Inc.
Lead Opinion
delivered the opinion of the Court.
In this commercial suit against an Indian Tribe, the Oklahoma Court of Civil Appeals rejected the Tribe’s claim of sovereign immunity. Our case law to date often recites the rule of tribal immunity from suit. While these precedents rest on early cases that assumed immunity without extensive reasoning, we adhere to these decisions and reverse the judgment.
I
Petitioner Kiowa Tribe is an Indian Tribe recognized by the Federal Government. The Tribe owns, land in Oklahoma, and, in addition, the United States holds land in that State in trust for the Tribe. Though the record is vague about some key details, the facts appear to be as follows: In 1990, a tribal entity called the Kiowa Industrial Development Commission agreed to buy from respondent Manufacturing Technologies, Inc., certain stock issued by Clinton-Sherman Aviation, Inc. On April 3, 1990, the then-chairman of the Tribe’s business committee signed a promissory note in the name of the Tribe. By its note, the Tribe agreed to pay Manufacturing Technologies $285,000 plus interest. The face of the note recites it was signed at Carnegie, Oklahoma,[*754] where the Tribe has a complex on land held in trust for the Tribe. According to respondent, however, the Tribe executed and delivered the note to Manufacturing Technologies in Oklahoma City, beyond the Tribe’s lands, and the note obligated the Tribe to make its payments in Oklahoma City. The note does not specify a governing law. In a paragraph entitled “Waivers and Governing Law,” it does provide: “Nothing in this Note subjects or limits the sovereign rights of the Kiowa Tribe of Oklahoma.” App. 14.
The Tribe defaulted; respondent sued on the note in state court; and the Tribe moved to dismiss for lack of jurisdiction, relying in part on its sovereign immunity from suit. The trial court denied the motion and entered judgment for respondent. The Oklahoma Court of Civil Appeals affirmed, holding Indian tribes are subject to suit in state court for breaches of contract involving off-reservation commercial conduct. The Oklahoma Supreme Court declined to review the judgment, and we granted certiorari. 521 U. S. 1117 (1997).
II
As a matter of federal law, an Indian tribe is subject to suit only where Congress has authorized the suit or the tribe has waived its immunity. See Three Affiliated Tribes of Fort Berthold Reservation v. Wold Engineering, P. C., 476 U. S. 877, 890 (1986); Santa Clara Pueblo v. Martinez, 436 U. S. 49, 58 (1978); United States v. United States Fidelity & Guaranty Co., 309 U. S. 506, 512 (1940) (USF&G). To date, our cases have sustained tribal immunity from suit without drawing a distinction based on where the tribal activities occurred. In one ease, a state court had asserted jurisdiction over tribal fishing “both on and off its reservation.” Puyallup Tribe, Inc. v. Department of Game of Wash., 433 U. S. 165, 167 (1977). We held the Tribe’s claim of immunity was “well founded,” though we did not discuss the relevance of where the fishing had taken place. Id., at 168, 172. Nor have we yet drawn a distinction between governmental[*755] and commercial activities of a tribe. See, e. g., ibid, (recognizing tribal immunity for fishing, which may well be a commercial activity); Oklahoma Tax Comm’n v. Citizen Band of Potawatomi Tribe of Okla., 498 U. S. 505 (1991) (recognizing tribal immunity from suit over taxation of cigarette sales); USF&G, supra, (recognizing tribal immunity for coal-mining lease). Though respondent asks us to confine immunity from suit to transactions on reservations and to governmental activities, our precedents have not drawn these distinctions.
Our cases allowing States to apply their substantive laws to tribal activities are not to the contrary. We have recognized that a State may have authority to tax or regulate tribal activities occurring within the State but outside Indian country. See Mescalero Apache Tribe v. Jones, 411 U. S. 145, 148-149 (1978); see also Organized Village of Kake v. Egan, 369 U. S. 60, 75 (1962). To say substantive state laws apply to off-reservation conduct, however, is not to say that a tribe no longer enjoys immunity from suit. In Potawat-omi, for example, we reaffirmed that while Oklahoma may tax cigarette sales by a Tribe’s store to nonmembers, the Tribe enjoys immunity from a suit to collect unpaid state taxes. 498 U. S., at 510. There is a difference between the right to demand compliance with state laws and the means available to enforce them. See id., at 514.
The Oklahoma Court of Civil Appeals nonetheless believed federal law did not mandate tribal immunity, resting its holding on the decision in Hoover v. Oklahoma, 909 P. 2d 59 (Okla. 1995), cert. denied, 517 U. S. 1188 (1996). In Hoover, the Oklahoma Supreme Court held that tribal immunity for off-reservation commercial activity, like the decision not to exercise jurisdiction over a sister State, is solely a matter of comity. 909 P. 2d, at 62 (citing Nevada v. Hall, 440 U. S. 410, 426 (1979)). According to Hoover, because the State holds itself open to breach of contract suits, it may allow its citizens to sue other sovereigns acting within the State. We[*756] have often noted, however, that the immunity possessed by Indian tribes is not coextensive with that of the States. See, e. g., Blatchford v. Native Village of Noatak, 501 U. S. 775 (1991). In Blatchford, we distinguished state sovereign immunity from tribal sovereign immunity, as tribes were not at the Constitutional Convention. They were thus not parties to the “mutuality of . . . concession” that “makes the States’ surrender of immunity from suit by sister States plausible.” Id., at 782; accord, Idaho v. Coeur d’Alene Tribe of Idaho, 521 U. S. 261, 268-269 (1997). So tribal immunity is a matter of federal law and is not subject to diminution by the States. Three Affiliated Tribes, supra, at 891; Washington v. Confederated Tribes of Colville Reservation, 447 U. S. 134, 154 (1980).
Though the doctrine of tribal immunity is settled law and controls this ease, we note that it developed almost by accident. The doctrine is said by some of our own opinions to rest on the Court’s opinion in Turner v. United States, 248 U. S. 354 (1919). See, e. g., Potawatomi, supra, at 510. Though Turner is indeed cited as authority for the immunity, examination shows it simply does not stand for that proposition. The case arose on lands within the Creek Nation’s “public domain” and subject to “the powers of [the] sovereign people.” 248 U. S., at 355. The Creek Nation gave each individual Creek grazing rights to a portion of the Creek Nation’s public lands, and 100 Creeks in turn leased their grazing rights to Turner, a non-Indian. He built a long fence around the land, but a mob of Creek Indians tore the fence down. Congress then passed a law allowing Turner to sue the Creek Nation in the Court of Claims. The Court of Claims dismissed Turner’s suit, and the Court, in an opinion by Justice Brandéis, affirmed. The Court stated: “The fundamental obstacle to recovery is not the immunity of a sovereign to suit, but the lack of a substantive right to recover the damages resulting from failure of a government or its[*757] officers to keep the peace.” Id., at 358. “No such liability existed by the general law.” Id., at 357.
The quoted language is the heart of Turner. It is, at best, an assumption of immunity for the sake of argument, not a reasoned statement of doctrine. One cannot even say the Court or Congress assumed the congressional enactment was needed to overcome tribal immunity. There was a very different reason why Congress had to pass the Act: “The tribal government had been dissolved. Without authorization from Congress, the Nation could not then have been sued in any court; at least without its consent.” Id., at 358. The fact of tribal dissolution, not its sovereign status, was the predicate for the legislation authorizing suit. Turner, then, is but a slender reed for supporting the principle of tribal sovereign immunity.
Turner’s passing reference to immunity, however, did become an explicit holding that tribes had immunity from suit. We so held in USF&G, saying “These Indian Nations are exempt from suit without Congressional authorization.” 309 U. S., at 512 (citing Turner, supra, at 358). As sovereigns or quasi sovereigns, the Indian Nations enjoyed immunity “from judicial attack” absent consent to be sued. 309 U. S., at 513-514. Later eases, albeit with little analysis, reiterated the doctrine. E. g., Puyallup, 433 U. S., at 167, 172-173; Santa Clara Pueblo, 436 U. S., at 58; Three Affiliated Tribes, 476 U. S., at 890-891; Blatchford, supra, at 782; Coeur d’Alene, supra, at 268.
The doctrine of tribal immunity came under attack a few years ago in Potawatomi, supra. The petitioner there asked us to abandon or at least narrow the doctrine because tribal businesses had become far removed from tribal self-governance and internal affairs. We retained the doctrine, however, on the theory that Congress had failed to abrogate it in order to promote economic development and tribal self-sufficiency. Id., at 510. The rationale, it must be said, can be challenged as inapposite to modern, wide-ranging tribal[*758] enterprises extending well beyond traditional tribal customs and activities. Justice Stevens, in a separate opinion, criticized tribal immunity as “founded upon an anachronistic fiction” and suggested it might not extend to off-reservation commercial activity. Id., at 514-515 (concurring opinion).
There are reasons to doubt the wisdom of perpetuating the doctrine. At one time, the doctrine of tribal immunity from suit might have been thought necessary to protect nascent tribal governments from encroachments by States. In our interdependent and mobile society, however, tribal immunity extends beyond what is needed to safeguard tribal self-governance. This is evident when tribes take part in the Nation’s commerce. Tribal enterprises now include ski resorts, gambling, and sales of cigarettes to non-Indians. See Mescalero Apache Tribe v. Jones, 411 U. S. 145 (1973); Potawatomi, supra; Seminole Tribe of Fla. v. Florida, 517 U. S. 44 (1996). In this economic context, immunity can harm those who are unaware that they are dealing with a tribe, who do not know of tribal immunity, or who have no choice in the matter, as in the case of tort victims.
These considerations might suggest a need to abrogate tribal immunity, at least as an overarching rule. Respondent does not ask us to repudiate the principle outright, but suggests instead that we confine it to reservations or to noncommercial activities. We decline to draw this distinction in this case, as we defer to the role Congress may wish to exercise in this important judgment.
Congress has acted against the background of our decisions. It has restricted tribal immunity from suit in limited circumstances. See, e. g., 25 U. S. C. § 450f(e)(3) (mandatory liability insurance); § 2710(d)(7)(A)(ii) (gaming activities). And in other statutes it has declared an intention not to alter it. See, e.g., §450n (nothing in financial-assistance program is to be construed as “affecting, modifying, diminishing, or otherwise impairing the sovereign immunity from suit enjoyed by an Indian tribe”); see also Potawatomi, 498[*759] U. S., at 510 (discussing Indian Financing Act of 1974, 88 Stat. 77, 25 U. S. C. § 1451 et seq.).
In considering Congress’ role in reforming tribal immunity,- we find instructive the problems of sovereign immunity for foreign countries. As with tribal immunity, foreign sovereign immunity began as a judicial doctrine. Chief Justice Marshall held that United States courts had no jurisdiction over an armed ship of a foreign state, even while in an American port. Schooner Exchange v. McFaddon, 7 Cranch 116 (1812). While the holding was narrow, “that opinion came to be regarded as extending virtually absolute immunity to foreign sovereigns.” Verlinden B. V. v. Central Bank of Nigeria, 461 U. S. 480, 486 (1983). In 1952, the State Department issued what came to be known as the Tate Letter, announcing the policy of denying immunity for the commercial acts of a foreign nation. See id., at 486-487. Difficulties in implementing the principle led Congress in 1976 to enact the Foreign Sovereign Immunities Act, resulting in more predictable and precise rules. See id., at 488-489 (discussing the Foreign Sovereign Immunities Act of 1976, 28 U. S. C. §§ 1604, 1605, 1607).
Like foreign sovereign immunity, tribal immunity is a matter of federal law. Verlinden, supra, at 486. Although the Court has taken the lead in drawing the bounds of tribal immunity, Congress, subject to constitutional limitations, can alter its limits through explicit legislation. See, e. g., Santa Clara Pueblo, supra, at 58.
In both fields, Congress is in a position to weigh and accommodate the competing policy concerns and reliance interests. The capacity of the Legislative Branch to address the issue by comprehensive legislation counsels some caution by us in this area. Congress “has occasionally authorized limited classes of suits against Indian tribes” and “has always been at liberty to dispense with such tribal immunity or to limit it.” Potawatomi, supra, at 510. It has not yet done so.
[*760] In light of these concerns, we decline to revisit our case law and choose to defer to Congress. Tribes enjoy immunity from suits on contracts, whether those contracts involve governmental or commercial activities and whether they were made on or off a reservation. Congress has not abrogated this immunity, nor has petitioner waived it, so the immunity governs this case. The contrary decision of the Oklahoma Court of Civil Appeals is
Reversed.
Dissent
with whom Justice Thomas and Justice Ginsburg join, dissenting.
“Absent express federal law to the contrary, Indians going beyond reservation boundaries have generally been held subject to nondiscriminatory state law otherwise applicable to all citizens of the State.” Mescalero Apache Tribe v. Jones, 411 U. S. 145, 148-149 (1973). There is no federal statute or treaty that provides petitioner, the Kiowa Tribe of Oklahoma, any immunity from the application of Oklahoma law to its off-reservation commercial activities. Nor, in my opinion, should this Court extend the judge-made doctrine of sovereign immunity to pre-empt the authority of the state courts to decide for themselves whether to accord such immunity to Indian tribes as a matter of comity.
I
“The doctrine of sovereign immunity is an amalgam of two quite different concepts, one applicable to suits in the sovereign’s own courts and the other to suits in the courts of another sovereign.” Nevada v. Hall, 440 U. S. 410, 414 (1979). In the former category, the sovereign’s power to determine the jurisdiction of its own courts and to define the substantive legal rights of its citizens adequately explains the lesser authority to define its own immunity. Kawananakoa v. Polyblank, 205 U. S. 349, 353 (1907). The sovereign’s claim to immunity in the courts of a second sovereign,[*761] however, normally depends on the second sovereign’s law. Schooner Exchange v. McFaddon, 7 Cranch 116, 136 (1812). An Indian tribe’s assertion of immunity in a state judicial proceeding is unique because it implicates the law of three different sovereigns: the tribe itself, the State, and the Federal Government.
As the Court correctly observes, the doctrine of tribal immunity from judicial jurisdiction “developed almost by accident.” Ante, at 756. Its origin is attributed to two federal cases involving three of the Five Civilized Tribes. The former ease, Turner v. United States, 248 U. S. 354 (1919), rejected a claim against the Creek Nation, whose tribal government had been dissolved. The Court explains why that ease provides no more than “a slender reed” of support for the' doctrine even in federal court. Ante, at 757. In the latter case, United States v. United States Fidelity & Guaranty Co., 309 U. S. 506 (1940) (USF&G), the Federal Government sought to recover royalties due under coal leases that the United States had executed on behalf of the Choctaw and Chickasaw Nations. The Court held that the Government’s action was not barred by a prior judgment against it entered by a different federal court. The holding that the prior judgment was “void in so far as it undertakes to fix a credit against the Indian Nations,” id., at 512, rested on two grounds. First, in a companion case decided that day,[1] the Court ruled that “cross-claims against the United States are justiciable only in those courts where Congress has consented to their consideration,” ibid.; but no statute had authorized the prior adjudication of the cross-claim against the Federal Government. The second ground was the statement, supported by a citation of Turner and two Eighth Circuit decisions addressing the immunity of two of the Five Civilized Tribes, that i]hese Indian Nations are exempt from suit without Congressional authorization.” 309 U. S.,[*762] at 512 (emphasis added). At most, the holding extends only to federal eases in which the United States is litigating on behalf of a tribe. Moreover, both Turner and USF&G arose out of conduct that occurred on Indian reservations.
In subsequent cases, we have made it clear that the States have legislative jurisdiction over the off-reservation conduct of Indian tribes, and even over some on-reservation activities.[2] Thus, in litigation that consumed more than a decade and included three decisions by this Court, we rejected a Tribe’s claim that the doctrine of sovereign immunity precluded the State of Washington from regulating fishing activities on the Puyallup Reservation. Puyallup Tribe, Inc. v. Department of Game of Wash., 433 U. S. 165, 175-176 (1977). It is true that as an incident to that important holding, we vacated the portions of the state-court decree that were directed against the Tribe itself. Id., at 172-173. That action, however, had little practical effect because we upheld the portions of the decree granting relief against the entire class of Indians that was represented by the Tribe. Although Justice Blaekmun, one of the “strongest supporters of Indian rights on the Court,”[3] wrote separately to express his “doubts . . . about the continuing vitality in this day of the doctrine of tribal immunity as it was enunciated in United States v. United States Fidelity & Guaranty Co.,” id., at 178, our opinion did not purport to extend or to explain the doctrine. Moreover, as the Tribe’s predominant argument was that “the state courts of Washington are without[*763] jurisdiction to regulate fishing activities on its reservation,” id., at 167, we had no occasion to consider the validity of an injunction relating solely to off-reservation fishing.
In several cases since Puyallup, we have broadly referred to the tribes’ immunity from suit, but “with little analysis,” ante, at 757, and only considering controversies arising on reservation territory. In Santa Clara Pueblo v. Martinez, 436 U. S. 49 (1978), a Tribe member and her daughter who both lived on the Santa Clara Pueblo reservation sued in federal court to challenge the validity of a tribal membership law. We agreed with the Tribe that the court lacked jurisdiction to decide this “intratribal controvers[y] affecting matters of tribal self-government and sovereignty.” Id., at 53. Our decision in Three Affiliated Tribes of Fort Berthold Reservation v. Wold Engineering, P. C., 476 U. S. 877 (1986), held that North Dakota could not require a Tribe’s blanket waiver of sovereign immunity as a condition for permitting the Tribe to sue private parties in state court. That condition was “unduly intrusive on the Tribe’s common law sovereign immunity, and thus on its ability to govern itself according to its own laws,” because it required “that the Tribe open itself up to the coercive jurisdiction of state courts for all matters occurring on the reservation.” Id., at 891.[4] Most recently, we held that a federal court lacked authority to entertain Oklahoma’s claims for unpaid taxes on cigarette sales made on tribal trust land, which is treated the same as reservation territory. Oklahoma Tax Comm’n v. Citizen Band of Potawatomi Tribe of Okla., 498 U. S. 505, 509-511 (1991).[5]
[*764] In sum, we have treated the doctrine of sovereign immunity from judicial jurisdiction as settled law, but in none of our cases have we applied the doctrine to purely off-reservation conduct. Despite the broad language used in prior cases, it is quite wrong for the Court to suggest that it is merely following precedent, for we have simply never considered whether a tribe is immune from a suit that has no meaningful nexus to the tribe’s land or its sovereign functions. Moreover, none of our opinions has attempted to set forth any reasoned explanation for a distinction between the States’ power to regulate the off-reservation conduct of Indian tribes and the States’ power to adjudicate disputes arising out of such off-reservation conduct. Accordingly, while I agree with the Court that it is now too late to repudiate the doctrine entirely, for the following reasons I would not extend the doctrine beyond its present contours.
II
Three compelling reasons favor the exercise of judicial restraint.
First, the law-making power that the Court has assumed belongs in the first instance to Congress. The fact that Congress may nullify or modify the Court’s grant of virtually unlimited tribal immunity does not justify the Court’s performance of a legislative function. The Court is not merely announcing a rule of comity for federal judges to observe; it is announcing a rule that pre-empts state power. The reasons that undergird our strong presumption against construing federal statutes to pre-empt state law, see, e. g., Cipollone v. Liggett Group, Inc., 505 U. S. 504, 516, 518 (1992), apply with added force to judge-made rules.
In the absence of any congressional statute or treaty defining the Indian tribes’ sovereign immunity, the creation of[*765] a federal common-law “default” rule of immunity might in theory be justified by federal interests. By setting such a rule, however, the Court is not deferring to Congress or exercising “caution,” ante, at 759 — rather, it is creating law. The Court fails to identify federal interests supporting its extension of sovereign immunity — indeed, it all but concedes that the present doctrine lacks such justification, ante, at 758 — and completely ignores the State’s interests. Its opinion is thus a far cry from the “comprehensive pre-emption inquiry in the Indian law context” described in Three Affiliated Tribes that calls for the examination of “not only the congressional plan, but also ‘the nature of the state, federal, and tribal interests at stake_’ ” 476 U. S., at 884 (quoting White Mountain Apache Tribe v. Bracker, 448 U. S. 136, 145 (1980)). Stronger reasons are needed to fill the gap left by Congress.
Second, the rule is strikingly anomalous. Why should an Indian tribe enjoy broader immunity than the States, the Federal Government, and foreign nations? As a matter of national policy, the United States has waived its immunity from tort liability and from liability arising out of its commercial activities. See 28 U. S. C. §§ 1346(b), 2674 (Federal Tort Claims Act); §§ 1346(a)(2), 1491 (Tucker Act).. Congress has also decided in the Foreign Sovereign Immunities Act of 1976 that foreign states may be sued in the federal and state courts for claims based upon commercial activities carried on in the United States, or such activities elsewhere that have a “direct effect in the United States.” § 1605(a)(2). And a State may be sued in the courts of another State. Nevada v. Hall, 440 U. S. 410 (1979). The fact that the States surrendered aspects of their sovereignty when they joined the Union does not even arguably present a legitimate basis for concluding that the Indian tribes retained — or, indeed, ever had — any sovereign immunity for off-reservation commercial conduct.
[*766] Third, the rule is unjust. This is especially so with respect to tort victims who have no opportunity to negotiate for , a waiver of sovereign immunity; yet nothing in the Court’s reasoning limits the rule to lawsuits arising out of voluntary contractual relationships. Governments, like individuals, should pay their debts and should be held accountable for their unlawful, injurious conduct.
I respectfully dissent.
United States v. Shaw, 309 U. S. 495 (1940).
“The general notion drawn from Chief Justice Marshall's opinion in Worcester v. Georgia, 6 Pet. 515, 561; The Kansas Indians, 5 Wall. 737, 755-757; and The New York Indians, 5 Wall. 761, that an Indian reservation is a distinct nation within whose boundaries state law cannot penetrate, has yielded to closer analysis when confronted, in the course of subsequent developments, with diverse concrete situations.” Organized Village of Kake v. Egan, 369 U. S. 60, 72 (1962).
Dussias, Heeding the Demands of Justice: Justice Blaekmun’s Indian Law Opinions, 71 N. D. L. Rev. 41, 43 (1995).
The particular counterclaims asserted by the private party, which we assumed would be barred by sovereign immunity, concerned the construction of a water-supply system on the Tribe’s reservation. Three Affiliated Tribes, 476 U. S., at 881.
The Court cites Blatchford v. Native Village of Noatak, 501 U. S. 775 (1991), and Idaho v. Coeur d’Alene Tribe of Idaho, 521 U. S. 261 (1997), as having ‘(retained the doctrine” of tribal sovereign immunity. Ante, at 757. Each of those cases upheld a State’s sovereign immunity under[*764] the Eleventh Amendment from being sued in federal court by an Indian 'tribe. The passing references to tribes’ immunity from suit did not discuss the scope of that immunity and were, of course, dicta.