Litigation Involving Indian Tribes

We have developed expertise in defending companies in litigation brought by Indian Tribes in tribal, state and federal courts around the country. We know and understand the sovereign immunity and subject matter jurisdiction issues that are unique to this practice. Our lawyers served as lead counsel for the tobacco industry in defeating suits by Indian Tribes brought in all venues. Our lawyers were involved in the first natural resource damages suit brought by an Indian Tribe and tried in federal court. The cases where we have served as lead counsel include:

• Table Bluff Reservation (Wiyot Tribe) v. Philip Morris, Inc., 256 F.3d 879 (9th Cir. 2001) (obtained affirmance of dismissal of civil rights class action brought on behalf of a putative national class of Indian tribes, asserting violation of constitutional rights and seeking to overturn the global State settlement agreement and seize a billion dollars from its proceeds).
• Pechanga Band of Luiseno Mission Indians v. Philip Morris Incorporated, No. JCCP 4042 (San Diego County Super. Ct. Jan. 10, 2001) (defeated class certification of putative class of all California Indian tribes pursuing claims under Business and Professions Code §17200 against tobacco industry)
• Alabama Coushatta Tribe of Texas v. American Tobacco, No. 1:00CV596(TH)(E.D. Tex. Aug. 31, 2001), aff'd, 46 Fed. Appx. 225 (5th Cir. 2002) (affirmed dismissal of suit by Indian Tribe to recover smoking related costs), cert. denied, 537 U.S. 1159 (2003)
• Acoma Pueblo v. American Tobacco Co., No. CIV 99-1040M/WWD (D.N.M.. Jul. 30, 2001) (obtained dismissal of suit by 46 Indian tribes to recover smoking-related costs)
• Sisseton-Wahpeton Sioux Tribe v. Philip Morris Inc. (Sisseton-Wahpeton Tribal Court) (obtained a partial dismissal of a tribe's attempt to sue for the recovery of smoking-related health care costs, and a pivotal ruling that the Tribe may not sue for the recovery of federal monies)