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Choctaw Casinos & Resorts is a chain of eight Indian casinos and hotels located in Oklahoma, owned and operated by the Choctaw Nation of Oklahoma.. Hugo, Idabel, McAlester, Pocola, Poteau, Stigler, Stringtown, and Wilburton.
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casinos near hugo oklahoma Supreme Court of Oklahoma.
Decided: June 30, 2009 Daniel W.
Robert Lee Rabon, Hugo, Oklahoma, Dennis W.
Graydon Dean Luthey, Jr.
Deanna Hartley-Kelso, Debra Gee, Stephen H.
Green, Ada, OK, for Chickasaw Nation, amicus curiae.
Cowan, Oklahoma City, OK, for Comanche Nation Gaming Corporation and Sac and Fox Nation Business Enterprises, Inc.
Tawwater, Rex Travis Paul Kouri, Oklahoma City, OK, for The Oklahoma Association for Justice, amicus curiae.
¶ 1 One question is presented in this appeal: Is the state district court a court of competent jurisdiction as used in the gaming compact between the Choctaw Nation of Oklahoma and the State of Oklahoma such that the district court may exercise jurisdiction over this Indian-country arising negligence action filed by a casino patron against the Choctaw tribe and its casino?
We answer in the affirmative.
¶ 2 The Choctaw Nation of Oklahoma, a federally recognized Indian tribe Tribeowns a casino which it operates through its tribal enterprise, the Choctaw Casino of Pocola, Oklahoma casino.
The Tribe offers class III gaming to its casino's patrons pursuant to the Indian Gaming Regulatory Act, 25 U.
§§ 2701-2722 1988and the State-Tribal Gaming Act, 3A O.
§ 281, signed by the Tribe and effective February 9, 2005.
¶ 3 On December 6, 2005, Danny Dye and Pat Dye Dyes visited the casino.
According to the Dyes, Danny Dye left the gaming area of the casino, and while he was walking through the parking lot, a casino shuttle cart driven by a casino employee ran into him.
Danny Dye was injured.
The Dyes submitted a notice of tort claims to the casino and the Tribe as provided in the compact, alleging that Danny was seriously injured by the negligence of the casino's shuttle-cart driver.
When the Tribe and the casino failed to act upon the tort claim, it was deemed denied.
¶ 4 The Dyes filed a tort action in the state district court in LeFlore County against the casino and the Tribe.
The Tribe moved to dismiss the tort action on the basis of tribal sovereign immunity to suit in state court, arguing that Oklahoma state courts may not exercise jurisdiction over a sovereign Indian tribe unless Congress or the Indian tribe has clearly consented to suit in state court or waived tribal immunity.
The Honorable Ted A.
Knight, Judge of the District Court, concluded that tribal courts and federal courts have jurisdiction over Indian tribes but state courts do not and dismissed the action.
¶ 5 The Dyes appealed the dismissal, and this Court assigned the appeal to the Court of Civil Appeals.
Subsequently, we received another appeal from the LeFlore County district court presenting the same issues under the compact with the Choctaw Nation in Griffith v.
Choctaw Casino of Pocola, Oklahoma, No.
We denied Griffith's request to make her appeal a companion case with this one, but noted the appeals are related.
Cherokee Nation Enterprises, LLC, No.
¶ 6 The Court of Civil Appeals reversed the district court's dismissal and remanded this case.
Although the Court of Civil Appeals reached the same result we reach today, we granted the petition for writ of certiorari filed by the Tribe and its casino because of the significance of the question as to whether a state district court is a court of competent jurisdiction under the Model Tribal Gaming Compact, 3A O.
¶ 7 We recently handed down our casinos near hugo oklahoma in Cossey v.
Cherokee Nation Enterprises, LLC, 2009 OK 6, --- P.
Today, in separate opinions in this case and in the related case of Griffith v.
Choctaw Casino of Pocola, Oklahoma, we determine that Oklahoma district courts are courts of competent jurisdiction as that phrase is used in Oklahoma's statutory model tribal gaming compact, and that the state courts may exercise jurisdiction over the tort claims against the Choctaw Nation and its casino in Pocola, Oklahoma.
¶ 8 In Griffith v.
Choctaw Casino of Pocola, Oklahoma, 2009 OK 51, handed down simultaneously, we considered the adjudicatory authority of the state district courts under the Indian Gaming Regulatory Act, 25 U.
§§ 2701-2722, and the State-Tribal Gaming Act, 3A O.
This appeal, like Griffith, involves tort claims arising at the Choctaw Casino of Pocola, Oklahoma, and it presents a legal question identical to that in Griffith as to the jurisdiction of the state district court and the exercise of state adjudicatory authority over the Choctaw Nation.
Rather than repeat at length our consideration and reasoning set out in Griffith, we adopt our Griffith opinion and base our conclusion and holding in this case upon Griffith.
In doing so, we acknowledge that we considered this case and the related Griffith case simultaneously, and we are grateful for the thoughtful argument and authorities presented by the parties' counsel herein and the casinos near hugo oklahoma of the amici curiae.
¶ 9 Accordingly, for the reasons expressed in Griffith v.
Choctaw Casino of Pocola, Oklahoma, 2009 OK 51, we conclude and hold that the state district court is a court of competent jurisdiction as that term is used in the Model Tribal Gaming Compact codified at 3A O.
Our holding in this case does not change, diminish, or expand the jurisdiction of tribal courts nor take away the right of a tort claimant to select the forum-federal, state, or tribal-in which to file a tort action.
OPINION OF THE COURT OF CIVIL APPEALS VACATED; DISMISSAL ORDER OF THE DISTRICT COURT REVERSED; CAUSE REMANDED TO THE DISTRICT COURT FOR FURTHER PROCEEDINGS.
¶ 1 My analysis of the core issues remains unchanged from what I expressed in Cossey v.
Cherokee Nation Enterprises, LLC.
I was troubled by two implications in Cossey.
The writing implied that: 1 tribal courts are not courts of competent jurisdiction; and 2 jurisdiction might depend on whether the casino patron was an Indian or a non-Indian.
¶ 2 Nevertheless, the majority's analysis of the issues continues to bother me.
It is the remainder of the statement which is unsupported.
The crux of this dispute, and the reason for five separate writings in this cause as well as five separate writings in Cossey, is that the compact is obviously ambiguous because it does not clearly and unequivocally state which court has jurisdiction.
¶ 3 The majority makes the finding of clarity without supporting evidence.
Nevertheless, the Court might have had the opportunity to shed light on this ambiguity.
The State Treasurer, in his capacity as lead State negotiator for the 2004 Model Gaming Compact, filed leave of casinos near hugo oklahoma Court on May 15, 2008, to file a statement regarding the compact.
We are once again faced with the same problem as in Cossey-the need to remand the matter to consider extrinsic evidence of the parties' intent.
¶ 4 I agree that there is no express, specific language in the model compact making tribal law or tribal courts the exclusive forum for a wrongfully injured casino patron.
This leads to the compact's ambiguity.
Because Oklahoma is not a P.
¶ 5 The majority opinion acknowledges that the question of casinos near hugo oklahoma exclusive jurisdiction over https://montanabuys.com/casino/buffet-in-casino-sydney.html arising on tribal land was vested in tribal courts at the time the compact was executed has not been well-settled.
Yet, settling this question is critical to the analysis because of the Part 9 language.
Neither the majority in today's opinion nor Cossey discusses or analyzes any of the cases which have addressed this issue and unanimously held that the tribal courts have jurisdiction some negotiated under the compact, some inherent.
In addition to side stepping the issue, the Court appears to have enlarged state court jurisdiction beyond what existed prior to the compacts.
Consequently, the portion of the compact in which existing jurisdiction is not altered becomes imperative when determining intent-yet the question remains ignored and the Court merely pontificates about the meaning.
I do believe that because one size doesn't fit all insofar as tribal courts are concerned, the compact language was deliberately left nonspecific so that the compact could be adapted to fit various jurisdictional scenarios.
¶ 7 All statutory ambiguities are generally construed in favor of Indian sovereignty.
Evidence of what the compacting parties truly intended can also be found by considering the compact as a whole.
The Court neglects to consider that in addition to tort claims, the same provisions apply for prize claim disputes.
Immunity is waived for prize claim disputes and procedures are set forth much like tort claims.
Did the go here government through IGRA and the State of Oklahoma and Oklahoma Indian Tribes through compacting intend that if a patron enters onto tribal land, voluntarily engages in tribal gaming activities, disputes a prize claim or lack thereofthat the plaintiff could readily choose between three forums as the concurring opinion suggests?
¶ 8 While this may one day be the law-depending on what the United States Supreme Court ultimately decides-it is not now, nor has the concurring opinion provided any support in its assertions to show that it is.
The majority's analysis is bottomed on the traditional right of a plaintiff in a civil lawsuit to choose the venue of the lawsuit.
Again I ask, why would Congress have included a provision in IGRA allowing Tribes and States to negotiate an allocation of jurisdiction to the states if state courts, federal courts, and tribal courts already casinos near hugo oklahoma such jurisdiction?
If this were true, the jurisdiction provisions of IGRA are meaningless.
The verbatim recitation of the ballot title clearly shows the voters neither implicitly nor expressly knowingly voted concerning the jurisdiction of tort claims.
It would allow some types of gaming machines at some horse race tracks in this state.
The Oklahoma Horse Racing Commission would oversee the new types of gaming machines.
It would require that a portion of the money wagered on such gaming be paid to the state.
Some of the money would go to purses for horse races.
Some of the money would go to the horse race tracks.
The measure also provides a model compact which Indian tribes may enter into and then operate such gaming machines on Indian lands.
The model compact provides regulatory controls for gaming authorized by the compact.
The Office of State Finance would have the authority to oversee this gaming by the tribes.
The state's portion of the money from the gaming authorized by this act would go for treatment of compulsive gambling disorders, to the Education Reform Revolving Fund and for college scholarships.
Clearly, the voters were asked to decide whether to allow gaming at race tracks and gaming on Indian land.
There is nothing in this measure notifying the voter of anything at all regarding tort claims, much less which court would have jurisdiction of such claims.
¶ 10 The more info opinion surmises that the state, casinos near hugo oklahoma virtue of IGRA and the language of the compact, acquires concurrent jurisdiction with tribal courts over gaming-related tort claims against Indian Tribes which have a Gaming Compact with the state.
To reach this conclusion, the majority must assume, without deciding, that courts of the State of Oklahoma are generally courts of competent jurisdiction to adjudicate tort claims against Indian tribes for tribal activity on tribal land.
It intimates that this jurisdiction is established by the authority of the Oklahoma constitution and that no federal law or state statute may alter it.
¶ 11 The casinos near hugo oklahoma of this reasoning is exemplified by the Federal Indian Child Welfare Act FICWA.
Under certain circumstances Oklahoma lacks any authority over an Indian child.
For instance, if the child lives on trust or restricted land, or in a dependent Indian community, the state may not have the authority to proceed and the case must be heard in tribal court.
In other cases, jurisdiction with the state is concurrent, but the state, in the absence of good cause, must transfer the casinos near hugo oklahoma to the tribal court.
The Oklahoma Constitution recognizes that all tribal lands lying within Oklahoma boundaries shall be subject to the jurisdiction of the United States.
IGRA embodies the general goal of federal Indian policy: to allow tribal self-government with federal control.
It requires states and tribes to negotiate regarding the scope of authorized gaming and the State's role in Indian gaming.
As part of this process, IGRA allows states and tribes to negotiate and to include jurisdiction-shifting provisions in the compact.
Had Congress not considered tribal courts to have subject matter jurisdiction over lawsuits which relate to or arise out of gaming and gaming enterprises, why would it have included a beach north casinos miami in IGRA which allowed tribes and states to negotiate an allocation of jurisdiction to the states?
¶ 13 This whole discussion may become moot.
The compact became effective February 9, 2005, and it does not expire until 2020.
At that time it automatically renews for successive 15 year periods.
However, the compact also provides that it may be terminated by mutual consent.
¶ 1 I respectfully dissent.
¶ 2 The case at hand involves the same jurisdictional issue as the case of Cossey v.
Cherokee Nation Enterprises, LLC, 2009 OK 6, --- P.
This controversy stems from the fact that the Gaming Compacts between the State and Indian tribes do not specifically state that State courts link jurisdiction over such claims.
In Cossey, I dissented from the majority holding that this language gives State courts jurisdiction over gaming-related tort claims against the Cherokee Nation.
The same analysis and authority set forth in my dissent in Cossey lead me to likewise dissent from the majority holding herein that this language gives State courts jurisdiction over such tort claims against the Choctaw Nation.
¶ 3 Under the majority interpretations, Oklahoma courts acquire concurrent jurisdiction with tribal courts over gaming-related tort claims against Indian tribes that have a Gaming Compact with the State.
¶ 4 My disagreement with the majority on this point stems from the fact that the courts of the State of Oklahoma https://montanabuys.com/casino/casino-cage-cashier-hiring-in-manila.html not generally courts of competent jurisdiction to adjudicate tort claims against Indian tribes for tribal activity on tribal lands.
The majority opinions in both Cossey and the case at hand acknowledge that the State of Oklahoma did not assume jurisdiction over tribal lands pursuant to Public Law 280.
While state courts can acquire jurisdiction over tribes incidental to a Congressional delegation of power to the State to regulate tribal activity, the Federal Indian Gaming Act does not involve a Congressional delegation of power to the State of Oklahoma.
Finally, when the State of Oklahoma wants a tribe to submit to the jurisdiction of a state court under a compact, the State of Oklahoma has explicitly said so.
¶ 5 In my opinion, the key to this controversy lies in the sovereign to sovereign status quo that exists between the State of Oklahoma and Indian tribe at the time they enter into any type of compact.
¶ 6 In the Federal Indian Gaming Act, Congress expressly authorized the State and Indian tribes to change their sovereignty status quo with respect to 1 the application of the criminal and civil laws and regulations of the Indian tribe or the State and 2 the allocation of criminal and civil jurisdiction between the State and Indian tribe.
However, the Gaming Compact between the State of Oklahoma and the Choctaw Nation does not expressly provide for the application of the civil laws of the State of Oklahoma to tribal lands nor does it expressly allocate civil jurisdiction to the courts of the State of Oklahoma.
To achieve this end, the State sought and received 1 the tribe's waiver of sovereign immunity and a claims process to pursue tribal liability comparable to that found in Oklahoma's Governmental Tort Claims Act, 2 the tribe's consent to suit on disputed claims in a court competent to determine tribal liability, and 3 the tribe's assurance that patrons would be afforded due process in seeking and receiving just and reasonable compensation for a tort claim for personal injury or property damage.
Nowhere in the Compacts at issue, however, did the State and tribes expressly agree that Oklahoma law would apply in this process or that State courts were empowered to determine tribal liability.
Perhaps my chief disagreement with the majority opinions in Cossey and the case at hand lies in the fact that they extend state law and state civil adjudicatory jurisdiction to tribal lands and tribal governments by implication when the parties did not expressly agree to do so in the face of express authority in the Federal Indian Gaming Act on this subject.
This includes exercise of the tribe's judicial power.
If a tribal learn more here did not afford a tort claimant due process, or the tribe did not provide a court to determine its liability, such denials of due process would present a federal question to support adjudication of a claim in federal court.
¶ 10 For the foregoing reasons I would affirm the district court's dismissal of the plaintiff's district court suit against the Choctaw Casino of Pocola and the Choctaw Nation.
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