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Case Citations [i] (Spring 2025)

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                            THE AMERICAN


                              LAW INSTITUTE



                                    Spring 2025 Citations



            THE LAW OF AMERICAN INDIANS



                       CHAPTER 1.   FEDERAL-TRIBAL RELATIONS

                           FEDERAL-TRIBAL RELATIONSHIP

§ 4. General Federal Trust Relationship with Indian Tribes and Individual Indians

D.Neb.2023. Com. (d) cit. in sup. Wholly owned subsidiaries of a tobacco company that was controlled
by the Winnebago Tribe sued state officials, seeking a declaration that defendants could not enforce
state tobacco-sale regulations against plaintiffs under the Indian Commerce Clause of the Constitution.
This court granted plaintiffs' motion for summary judgment in part, holding that defendants could not
enforce the regulations against plaintiffs in connection with their sale of tobacco products on the
Winnebago  Reservation, because plaintiffs were subsidiaries of a tribal company that was incorporated
under the laws of and wholly owned by a federally recognized Native American tribe. Citing
Restatement of the Law of American Indians § 4, the court noted that on-reservation businesses run by
tribal entities were entitled to some level of federal protection from state interference. HCI Distribution,
Inc. v. Hilgers, 670 F.Supp.3d 896, 912.


                            AMERICAN INDIAN TREATY LAW

§ 5. Treaties with Indian Tribes

D.Neb.2023. Com. (c) cit. in sup. Wholly owned subsidiaries of a tobacco company that was controlled
by the Winnebago Tribe sued state officials, seeking a declaration that defendants could not enforce
state tobacco-sale regulations against plaintiffs under the Indian Commerce Clause of the Constitution.
This court granted plaintiffs' motion for summary judgment in part, holding that defendants could not
enforce the regulations against plaintiffs in connection with their sale of tobacco products on the
Winnebago  Reservation, because plaintiffs were subsidiaries of a tribal company that was incorporated
under the laws of and wholly owned by a federally recognized Native American tribe. Citing
Restatement of the Law of American Indians §§ 5 and 13, the court noted that Native American tribes
were imbued with inherent sovereignty, and that, without express federal authorization, a state generally

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