DOT Lake Village v. Dená Nená Henash

Summary

The court affirmed dismissal of Dot Lake Village's suit against Dená Nená Henash for lack of subject matter jurisdiction because the intertribal organization qualified for arm-of-the-tribe sovereign immunity under the five-factor framework. It held that neither the superior-sovereign nor ultra-vires exceptions permitted the action to proceed, and that Dot Lake waived sovereign immunity as to a prevailing-party attorney-fee award by filing suit. The court also clarified that a court may consider tribal self-determination and autonomy when applying the five-factor immunity analysis.