A dissenting justice said the decision limits state authority and the rights of employees at prominent tribal nonprofit groups.
The Alaska state seal hangs at the Alaska Supreme Court in the Boney Courthouse in downtown Anchorage. is a win for the Copper River Native Association, a tribally run Alaska nonprofit corporation that provides health care and other services for its members. It’s a loss for Yvonne Ito, the plaintiff and former employee of the association who argued that she was wrongfully terminated and sued.
Amdur-Clark said employees will continue to have rights, while patients at tribally created clinics and hospitals will still be protected under the Federal Tort Claims Act. Senior justices Warren W. Matthews and Dana Fabe participated in that decision but later left the court. The Copper River Native Association met the broader test, which includes factors such as the purpose of the consortium, and how it is owned and controlled, the decision said.
The recent case was also heard before former Chief Justice Daniel Winfree, as well as justices Susan M. Carney and Jennifer S. Henderson.
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