Appeals court kills the dirty trick of using Indian tribes as a front for patent trolls and claiming sovereign immunity

#1

Originally published at: https://boingboing.net/2018/07/26/saint-regis-mohawk-tribe.html

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#2

The tactic of using tribal immunity as a shield against lawsuits is a wildly fucked up business model. Some payday loan companies hide on the reservation while engaging in predatory lending, casino giants like Harrah’s “operate” casinos on behalf of tribes, etc.

I get why tribes might be tempted to take the check from these businesses, but it’s a sham that hurts consumers and only benefits the tribes with pennies on the dollar.

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#3

I figured this trick wouldn’t work.

On one hand I’d like to see tribal sovereignty bolstered.

On the other hand this seems like a BS tactic.

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#4

Not sure why using sovereign immunity is a BS tactic, since there doesn’t seem to be a problem when it’s invoked by state universities. https://www.law.utah.edu/patents-and-tribal-sovereign-immunity/

The statements and views expressed in this posting are my own and do not reflect those of my law firm, are intended for general informational purposes only, and do not constitute legal advice or a legal opinion.

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#5

It’s a BS tactic when it is used by non-tribal entities to simply purchase a shield against liability for their actions or to gain an advantage in a legal dispute. Almost without fail, such actions are taken by those seeking to circumvent laws protecting consumers or workers, and we all lose when it works.

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#6

The holding that IPR is a mere agency proceeding rather than a quasi-lawsuit is shaky. It wouldn’t surprise me if the Supreme Court grants review to reconsider that.

And if IPR is indeed a quasi-lawsuit, then tribal sovereign immunity is back on the table, which means a potential death knell for tribal sovereign immunity is back on the table.

#7

we’ve been hearing the “end of tribal sovereignty” since they granted the bitch. i call it pacification.

closed #8

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