Monday, September 29, 2008

State Supreme Court Rules Coushatta Can Be Sued in State Court

The Louisiana Supreme Court has ruled that the Coushatta Tribe of Louisiana waived its sovereign immunity and can be sued in state court rather than tribal court. The state’s high court, overturning an appellate court’s decision, ruled that the exhaustion doctrine does not apply when bringing suit against a tribe in state court. The court ruled that an agreement signed by the tribe contained an explicit waiver of sovereign immunity and that issue of whether immunity was waived rightfully belongs in state court.

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