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Sept. 24, 2010: Seneca Telephone Company v Miami Tribe of Oklahoma

"As a matter of federal law, an Indian tribe is subject to suit only when Congress has authorized the suit or the tribe has waived its immunity." However, the court noted although the doctrine of tribal immunity was settled law, it developed with little judicial analysis and under today's conditions extends beyond what is needed to safeguard tribal self-governance. The court stated, "In this[modern] economic context, immunity can harm those who are unaware they are dealing with a tribe, who do not know of tribal immunity, or who have no choice in the matter, as in the case of tort victims." 523 U.S. at 758, 118S.Ct. at 1704. The underlying action in Kiowa was based on contract, and the Court limited its holding to suits on contracts.

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