A lawyer that is rational conclude that the higher bet would be to sue in state court and a cure for a bigger judgment.

Fair to who?

One could be lured to think that is an instance about fairness, about guaranteeing a forum for non-Indians to sue employees that are tribal may be cloaked in a tribe’s resistance through the suit. In my experience, fairness into the Lewis few, but, comes at the cost of fairness into the tribe.

Recall that the tribe does give a forum to solve accidental injury claims against it in tribal court, however with a single 12 months limits duration.