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Tribe’s Immunity Waived Under ERISA, Language Of Health Plan, Judge Says

Mealey's (November 9, 2015, 9:44 AM EST) -- KANSAS CITY, Kan. — A federal court, rather than a tribal court, has jurisdiction over a woman’s claims against a Native American casino’s health care plan because the tribe abrogated its sovereign immunity under the Employee Retirement Income Security Act (ERISA) and because of the plan’s “clear contractual waiver of sovereign immunity,” a magistrate judge in Kansas ruled Nov. 5 (Amy Coppe v. The Sac & Fox Casino Healthcare Plan, No. 2:14-cv-02598, D. Kan.; 2015 U.S. Dist. LEXIS 150319).

(Memorandum and order available. Document #96-151211-001Z.)...
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