Judge Rejects State's Push to Dismiss Schaghticoke Nation's $610M Suit
Judge Thomas Moukawsher found the nation cleared a three-pronged test to establish standing despite an internal feud between two factions claiming to represent the Schaghticokes.
September 21, 2017 at 12:10 AM
9 minute read
The Schaghticoke Tribal Nation cleared a preliminary legal hurdle in its $610 million lawsuit against Connecticut after a judge ruled an ongoing leadership dispute isn't grounds to dismiss the case.
In his ruling Tuesday, Hartford Superior Court Judge Thomas Moukawsher cited the 1986 case Connecticut Association of Health Care Facilities v. Worrell, which found an organization or association has standing on behalf of members if it meets three tests.
Moukawsher found the nation met all three elements: The nation's members would otherwise have standing to sue on their own, the interests it seeks to protect are germane to the organization's purpose, and neither the claim asserted nor the relief requested requires participation of individual members.
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
Trending Stories
- 1Wine, Dine and Grind (Through the Weekend): Summer Associates Thirst For Experience in 'Real Matters'
- 2The Law Firm Disrupted: For Big Law Names, Shorter is Sweeter
- 3The 'Biden Effect' on Senior Attorneys: Should I Stay or Should I Go?
- 4'You Are Not Alone': 120 Sex Assault Victims Plan to Sue Sean 'Diddy' Combs
- 5'That's Disappointing': Only 11% of MDL Appointments Went to Attorneys of Color in 2023
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250