Nebraska court rules Omaha Tribe can be sued for casino work

Friday, March 25, 2011  

The Omaha Tribe can be sued for allegedly breaking contracts for work at its casino, the Nebraska Supreme Court ruled today.

The tribe entered into 11 contracts with StoreVisions in 2008. The tribe's chairman and vice chairman reportedly signed a waiver of sovereign immunity as part of the arrangement.

StoreVisions filed suit in state court in 2009, alleging violations of the contracts. The tribe said it couldn't be sued, arguing that the waiver signed by the chairman and vice chairman was invalid because it wasn't approved by the entire council.

The Nebraska Supreme Court disagreed and said the waiver was valid because a majority of the tribal council was present when it was signed. "In addition to the waiver, the Tribe’s chairman, vice chairman, or both, executed all other contracts between the Tribe and StoreVisions," the decision stated.

"Moreover, because the Tribe’s constitution and bylaws are silent as to the method of waiving sovereign immunity, it was reasonable for StoreVisions to rely upon the words and actions of the Tribe with respect to the waiver of immunity," the court said.

Get the Story:
Neb. high court: Omaha Tribe can be sued over payment for work on casinos, racetrack (AP 3/25)
Nebraska Supreme Court: Company can proceed with lawsuit against tribe (The Lincoln Journal Star 3/25)

Nebraska Supreme Court Decision:
StoreVisions v. Omaha Tribe (March 25, 2011)