Indian Gaming > California court sends casino dispute to arbitration

March 03, 2006

California court sends casino dispute to arbitration

The California Court of Appeal voted 2-1 on Wednesday to order the Campo Band of Mission Indians into arbitration over a personal-injury lawsuit filed against the tribe's Golden Acorn Casino.

Two judges said the tribe waived its sovereign immunity for personal-injury lawsuits through the tribal-state gaming compact and through a tribal gaming regulation implementing a provision in the compact. But a third judge said neither the compact nor the regulation provided an adequate waiver.

A lower court judge had ruled the tribe did not comply with the compact but the majority ruled that the judge overstepped his bounds in this respect.

The court of appeal said the tribe must submit to arbitration to determine whether a patron slipped and fell on a wet floor at the casino complied with tribal procedures. If the procedures were followed, the tribe must then submit to arbitration on the merits of her claim.

The case is Campo Band of Mission Indians v. Superior Court of San Diego County.

Get the Story:
State court intervenes in casino case (The San Diego Union-Tribune 3/3)