Mohegan Tribe wants gaming disputes resolved in own judicial system

Wednesday, April 26, 2017

The Mohegan Tribe owns and operates the Mohegan Sun Casino in Uncasville, Connecticut. Photo: Mohegan Sun

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The Mohegan Tribe is putting a positive spin on a decision from the nation's highest court that revived a lawsuit against a former employee.

The U.S. Supreme Court on Tuesday ruled that a limousine driver who was working for the Mohegan Sun casino is not entitled to the same sovereign immunity as the tribe. Despite the negative outcome in Lewis v. Clarke, the tribe believes the dispute could still end up being resolved within its own judicial system.

"Although the Supreme Court did not agree with the reasoning of the Connecticut Supreme Court, we are heartened that it left open the possibility that other legal principles may nonetheless require this suit against Mr. Clarke, a former employee of the Mohegan Tribe, to proceed in tribal court," the tribe's attorneys said in a statement to The New London Day.

The Mohegan Gaming Disputes Court in fact resolved other claims connected to the incident involving the driver, William Clarke. Two couples who were riding in his limousine at the time of a 2011 traffic accident reached settlements with the tribe.

But another couple -- Brian and Michelle Lewis -- went to state court instead. They were riding in another vehicle that was struck by the limousine and blamed the accident on Clarke.

"We are cognizant of the Supreme Court of Connecticut’s concern that plaintiffs not circumvent tribal sovereign immunity," Justice Sonia Sotomayor wrote for the majority in the 12-page decision. "But here, that immunity is simply not in play. Clarke, not the [Mohegan Tribal] Gaming Authority, is the real party in interest."

The outcome of the case was unanimous although two of the eight justices who heard the case would have resolved it on different grounds.

Read More on the Story:
U.S. Supreme Court rules Mohegan employee not immune from 'individual capacity' lawsuit (The New London Day 4/25)
High Court Kills Tribal Immunity for Casino Employees (Courthouse News 4/25)
Supreme Court Refuses To Extend Tribal Immunity To Casino Limo Driver (Forbes 4/25) $P U.S. Supreme Court Decision:
Syllabus [Summary of Outcome] | Opinion [Sotomayor] | Concurrence [Thomas] | Concurrence [Ginsburg]

U.S. Supreme Court Documents:
Docket Sheet No. 15-1500 | Questions Presented | Oral Argument Transcript

Connecticut Supreme Court Decision:
Lewis v. Clarke (March 15, 2016)