The Michigan Court of Appeals has ruled tribal governments may claim rights to immunity from many lawsuits – but that immunity does not extend to entities employed as agents of the tribe.
In this case, a Colorado-based law firm that specializes in tribal litigation wants to claim sovereign immunity from being sued by a former client, the Kewadin Casinos Gaming Authority, which is operated by the Sault Ste. Marie Tribe of Chippewa Indians. The firm was hired in 2020 to act as the tribe’s general counsel during failed efforts to establish casinos in Lansing and metro Detroit.
Now, the tribe wants to sue the firm for legal malpractice.Part of the law firm’s defense is the argument that the tribe’s immunity from litigation extends to the attorneys representing it. A Chippewa County Circuit judge agreed with that expansive view of immunity protections. But in a unanimous opinion a three-judge appeals court panel reversed that ruling.
The decision sends the case back to the lower court to resolve other questions. The law firm could appeal the decision to the Michigan Supreme Court.
