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HWAL'BAY BA v. JANTZEN FOR CTY. OF MOHAVE

No. CV-19-0123-PR.

458 P.3d 102 (2020)

HWAL'BAY BA: J ENTERPRISES, INC., Petitioner, v. Honorable Lee F. JANTZEN, Judge of the Superior Court of the State of Arizona, IN AND FOR the COUNTY OF MOHAVE, Respondent Judge, and Sara and William Fox, Real Parties in Interest.

Supreme Court of Arizona.

Filed February 25, 2020.

Attorney(s) appearing for the Case

D. Samuel Coffman (argued), Mitesh V. Patel , Vail C. Cloar , Dickinson Wright PLLC, Phoenix; Verrin T. Kewenvoyouma , Kewenvoyouma Law, PLLC, Tempe, Attorneys for Hwal'Bay Ba: J Enterprises, Inc.

David L. Abney (argued), Ahwatukee Legal Office, P.C., Phoenix; John P. Torgenson , Jon T. Drago , Torgenson Law, Phoenix, Attorneys for Sara and William Fox.

William A. Nebeker , John M. Sticht , Koeller, Nebeker, Carlson & Haluck LLP, Phoenix, Attorneys for Amicus Curiae Grand Canyon Custom Tours, Inc.

Doreen N. McPaul , Attorney General, Navajo Nation Department of Justice, Window Rock; Susan B. Montgomery , Jay Tomkus , Montgomery & Interpreter, PLC, Phoenix; Sam Hirsch , Jenner & Block LLP, Washington, DC, Attorneys for Amici Curiae The National Congress of American Indians Fund, The Inter Tribal Association of Arizona, Inc., and The Navajo Nation.

VICE CHIEF JUSTICE TIMMER authored the Opinion of the Court, in which CHIEF JUSTICE BRUTINEL and JUSTICES BOLICK, GOULD, LOPEZ, BEENE and MONTGOMERY joined. JUSTICE BOLICK filed a concurring opinion.

¶1 An Indian tribe's "subordinate economic organization" serves as an "arm of the tribe" and therefore shares its sovereign immunity. This tort case affords us an opportunity to identify factors courts should examine to decide whether a tribal entity serves in that capacity. After doing so, we...

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