CHAPTER 4-13
MISCELLANEOUS PROVISIONS

4-13-1 Tortious Interference with a Business or Governmental Relationship.

(A)    Business Relationship. An action may be brought in Tribal Court to recover damages for tortious interference with a business relationship. To recover the plaintiff must show that (i) the plaintiff had a current or prospective business relationship with a third party; (ii) the defendant interfered with that relationship; (iii) the defendant acted for a wrongful or unjustified purpose or used dishonest, unfair, or improper means; and (iv) the defendant’s acts injured the relationship.

(B)    Governmental Relationship. An action may be brought by the Nation in Tribal Court to recover damages for tortious interference with a governmental relationship. To recover the Nation must show that (i) it had a current or prospective governmental relationship with a third party; (ii) the defendant interfered with that relationship; (iii) the defendant acted for a wrongful or unjustified purpose or used dishonest, unfair, or improper means; and (iv) the defendant’s acts injured the relationship.

(C)    Civil Penalty. In addition to damages specifically proven, when the Nation is the plaintiff in either of the above actions, it may recover from the defendant a $10,000 civil penalty as additional damages for each act of interference along with its attorneys fees and costs.

(D)    Proof of malice not required. In an action for tortious interference with a business or governmental relationship, proof of malice shall not be required.

(Amended by PBP TC No. 92-63, November 18, 1992)