Yvonne Ito v. Copper River Native Association

Summary

The court held that the threshold financial-insulation rule previously used to determine arm-of-the-tribe immunity was no longer sound and overruled that aspect of prior precedent. It adopted a five-factor inquiry and concluded that Copper River Native Association is an arm of its member tribes because it performs core governmental healthcare functions, is controlled by tribal representatives, receives tribal healthcare funds, and was authorized to act on the tribes’ behalf. The court also held that state incorporation and a general sue-and-be-sued provision did not constitute an unequivocal waiver of immunity, and it affirmed dismissal for lack of subject matter jurisdiction.