Business | Law

Hualapai Tribe mired in litigation over Grand Canyon Skywalk

Wednesday, June 10, 2015

The Grand Canyon Skywalk, owned by the Hualapai Tribe of Arizona. Photo from Facebook

The Hualapai Tribe of Arizona remains mired in litigation over its Grand Canyon Skywalk tourist attraction despite having reached a settlement over a year ago.

The dispute began more than four years ago when the tribe took over operations of the popular attraction from the late David Jin, a non-Indian developer. The tribe won a series of rulings regarding tribal court jurisdiction but agreed to settle in April 2014 for terms that haven't been disclosed.

The settlement, though, did not resolve claims against a public relations firm the tribe hired as part of the dispute. Scutari and Cieslak has since brought a third-party complaint against the tribe, an issue that remains alive in the case.

As part of the complaint, the firm issued a subpoena for documents held by the tribe's lawyers, who invoked sovereign immunity in hopes of quashing the request. A federal judge, however, said the tribe's immunity does not extend to Gallagher & Kennedy of Phoenix.

"There is no representation that Gallagher & Kennedy served as general counsel to the Hualapai Tribe or held some other 'official' position in the tribe," Judge George Foley Jr. wrote in the June 5 decision. "Gallagher & Kennedy’s representations are therefore not sufficient to cloak it with the Hualapai Tribe’s sovereign immunity."

Turtle Talk has posted documents from the subpoena dispute in Grand Canyon Skywalk Development v. Cieslak. Grand Canyon Skywalk Development was the firm that ran the Skywalk before the tribe took control.

Get the Story:
No Immunity for Tribe's Law Firm (Courthouse News Service 6/10)