United States Ninth Circuit

In an action alleging negligence and dram shop liability seeking recovery for damages suffered as a result of a motor vehicle accident in which plaintiff, while on a motorcycle, was hit by a drunk driver who was an employee of defendant-tribal corporation, dismissal of plaintiffs' claims is affirmed where: 1) plaintiff established diversity jurisdiction over the case; but 2) dismissal was proper on grounds of tribal sovereign immunity as tribal immunity protects tribal employees acting in their official capacity and within the scope of their authority. For diversity purposes, a tribal corporation formed under tribal law is not a citizen of a state merely because its incorporation occurred inside that state.

Appellate Information

• Decided 11/14/2008
• Published 11/14/2008

Judges

• Before:  FERDINAND F. FERNANDEZ, RONALD M. GOULD, and CARLOS T. BEA, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Bradley L. Booke, Moriarity Badaruddin & Booke, Las Vegas, NV, for the plaintiffs-appellants.


• For Appellees:
  
• Theodore A. Julian, Jr., Burch & Cracchiolo, P.A., Phoenix, AZ, for the defendants-appellees.