Does tribal immunity prevent a plaintiff from bringing a claim under federal law?
MultiRegion, United States of America
The following excerpt is from Oneida Indian Nation v. Phillips, 981 F.3d 157 (2nd Cir. 2020):
67 See Okla. Tax Comm'n v. Graham , 489 U.S. 838, 841, 109 S.Ct. 1519, 103 L.Ed.2d 924 (1989) (noting that although "[t]ribal immunity may provide a federal defense to [the plaintiff's] claims[,] ... it has long been settled that the existence of a federal immunity to the claims asserted does not convert a suit otherwise arising under state law into one which, in the statutory sense, arises under federal law").
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