5th Circuit Says No Federal Jurisdiction For Injury Claims Against Tribe

Mealey's (December 15, 2020, 12:52 PM EST) -- NEW ORLEANS — A federal court correctly dismissed a man’s personal injury negligence claims against an Indian tribe and a member of a tribal work party, but for the wrong reason, the Fifth Circuit U.S. Court of Appeals held Dec. 14, finding that the claims are barred by a lack of original jurisdiction and not by the tribe’s sovereign immunity (Matthew Mitchell v. Orico Bailey, et al., No. 19-51123, 5th Cir., 2020 U.S. App. LEXIS 39156)....