New Mexico Supreme Court hears gaming lawsuits

Tuesday, March 28, 2006  

The New Mexico Supreme Court heard two lawsuits to determine whether tribes can be brought to state court for personal injury claims.

In the first case, a couple sued San Felipe Pueblo after they fell at the tribe's casino. In the second, a girl who was kidnapped in the parking lot of Santa Clara Pueblo's casino sued the tribe for failing to ensure adequate safety at the facility.

At issue is a provision in the tribal-state compact that allows personal injury lawsuits to be filed in the state courts "unless it is finally determined by a state or federal court that (the Indian Gaming Regulatory Act) does not permit the shifting of jurisdiction" in such cases.

An attorney for both tribes argued that they didn't waive their immunity for personal injury lawsuits. The attorney said the proper forum to hear the claims is in tribal court.

Attorneys for the other side said the tribes are trying to renege on their agreements. One attorney was criticized by the Supreme Court Chief Justice for presenting a hypothetical in which a person goes onto a reservation and "an Indian scalps them," The Santa Fe New Mexican reported.

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High court hears casino lawsuits (The Santa Fe New Mexican 3/28)
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