WSI v. Cherokee Services Group

Citations

• 2021 ND 36

Syllabus

Tribal sovereign immunity protects Indian tribes against lawsuits, even ones brought by the State. Extension of tribal sovereign immunity to businesses relies on a test to determine if they qualify as arms of the tribe. A manager or governor of a limited liability company cannot be held liable under N.D.C.C. § 65-04-26.1(1) for unpaid premiums and reimbursements when the limited liability company itself is not liable for the amounts. Workforce Safety and Insurance has no statutory authority to order an insurance company cease and desist from writing coverage in North Dakota.