9th Circuit Orders Lower Court To Consider Sovereign Immunity

Mealey's (June 17, 2015, 10:08 AM EDT) -- SAN FRANCISCO — In an unpublished opinion, a panel of the Ninth Circuit U.S. Court of Appeals on March 26 reversed and remanded a suit alleging wrongful termination in violation of the Family and Medical Leave Act (FMLA), ordering the lower court to apply a recently established test to determine whether the Inter-Tribal Council of Nevada (ITCN) is an “arm of the tribe” for purposes of sovereign immunity (Theresa Carsten v. Inter-Tribal Council of Nevada, et al., No. 13-16985, 9th Cir.; 2015 U.S. App. LEXIS 4937)....
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