Gaming and hospitality company Turning Stone Enterprises LLC must defend litigation over its retirement plan after a federal judge rejected the company’s bid for immunity based on its ties to a federally recognized Indian tribe.
Turning Stone said it was immune from suit under the Employee Retirement Income Security Act as an instrumentality of the Oneida Nation. Judge Glenn T. Suddaby disagreed, saying the statute was amended in 2006 to clearly express Congress’ intent to “abrogate tribes’ sovereign immunity related to pension plans provided in the context of commercial activities.”
Suddaby’s opinion, issued Tuesday in the US District Court ...
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