The Choctaw Nation can be sued by casino patrons in state court, the Oklahoma Supreme Court ruled on June 30.
In two separate decisions, the court determined that the tribal-state compact allows negligence lawsuits to be heard in the state court system. The rulings were based on the use of the phrase "in a court of competent jurisdiction" in the compact.
The tribe argued that lawsuits could only be filed in tribal court. The court, however, said the phrase includes state courts.
"The language in the compact could have easily restricted casino patrons' tort remedy to tribal courts, if the tribal government representatives and the state government representatives who proposed the state-tribal gaming legislation directed that those words be used in the measure," the decision in one of the cases stated.
The tribe is considering an appeal to the U.S. Supreme Court.
Get the Story:
Court rules casino lawsuits can be heard in state courts
(The Oklahoma Journal Record 7/9)
Oklahoma Supreme Court Decisions:
Griffith v. Choctaw Nation (June 30, 2009) |
Dye v. Choctaw Nation (June 30, 2009)
Litigation
Court subjects Choctaw Nation to casino lawsuits
Thursday, July 9, 2009
Stay Connected
Contact Us
indianz@indianz.com202 630 8439 (THEZ)
Search
Top Indian Gaming Stories
Trending in Gaming
1 Catawba Nation continues work on controversial casino in North Carolina
2 Cheyenne and Arapaho Tribes move forward with casino expansion
3 Poarch Band of Creek Indians said to be on Trump's radar
4 Hopi Tribe officially joins Indian gaming industry with approved compact
5 Seminole Tribe paid just $50M for casino Donald Trump built for $1.2B
2 Cheyenne and Arapaho Tribes move forward with casino expansion
3 Poarch Band of Creek Indians said to be on Trump's radar
4 Hopi Tribe officially joins Indian gaming industry with approved compact
5 Seminole Tribe paid just $50M for casino Donald Trump built for $1.2B
More Stories
Editorial: Ban smoking at tribal casinos in Florida Obama files brief in off-reservation gaming case
Indian Gaming Archive