Artist's rendering of what was to be the Red Clay Casino on an Indian allotment in Broken Arrow, Oklahoma. Image from Kialegee Tribal Town
A lawsuit filed by the developers of a failed tribal casino in Oklahoma was dismissed last week. The developers filed a complaint against attorney Dennis J. Whittlesey and his firm, Dickinson Wright, alleging malpractice. At issue was the legality of a casino proposed by the Kialegee Tribal Town. The developers claimed they were misled by Whittlesey because a federal judge issued an injunction that prevented the Red Clay Casino from moving forward. The 10th Circuit Court of Appeals eventually lifted the injunction and the U.S. Supreme Court declined to rule on the matter. Since the developers essentially prevailed, they can't sue Whittlesey or his firm for malpractice, Judge Sharon Johnson Coleman ruled. The decision was issued November 12. "Although the district court initially ruled in favor of the state and imposed a preliminary injunction, the Tenth Circuit reversed and remanded with instructions to vacate the preliminary injunction and to dismiss the complaint. A ruling which became final when the United States Supreme Court denied the state of Oklahoma a writ of certiorari," Coleman wrote in the seven-page ruling. "Thus, plaintiffs cannot state a claim for legal malpractice stemming from the Oklahoma action because they prevailed." The tribe has since dropped plans for the casino, which was to be located on an Indian allotment in Broken Arrow, a suburb of Tulsa. A new location was in the works but hasn't been announced. Get the Story:
Malpractice action dismissed vs Dickinson Wright over alleged bad advice on proposed Oklahoma Indian casino (The Cook County Record 11/18) 10th Circuit Decision:
Oklahoma v. Hobia (December 22, 2014) NIGC Indian Land Opinions:
May 25, 2012 | June 8, 2012 Supreme Court Decision:
Michigan v. Bay Mills Indian Community (May 27, 2014)
Related Stories
Supreme
Court declines to hear appeals in two gaming cases (10/06) Supreme Court takes up petition in Kialegee Tribal Town dispute (09/01)
Kialegee Tribal Town granted extension to respond in casino case (05/27)
Supreme Court asks Kialegee Tribal Town for casino case brief (05/18)
Kialegee Tribal Town declines to submit brief in casino litigation (05/04)
Supreme Court asked to hear Kialegee Tribal Town gaming case (03/27)
Jay Daniels: Kialegee casino dispute shows they just don't get it (12/29)
10th Circuit refuses to rehear Kialegee Tribal Town gaming case (12/23)
Kialegee Tribal Town welcomes decision in gaming dispute (11/12)
Supreme Court ruling bodes well for tribes in gaming cases (11/11)
10th Circuit rules for Kialegee Tribal Town in casino dispute (11/10)
Join the Conversation
