Eastern Shawnee Tribe v. Oklahoma (June 28, 2010) Related Stories:
Oklahoma tribes sue state over casino-related lawsuits (1/20)
Court opens Choctaw Nation to casino injury suit (11/6)
Compacts | Litigation
Judge blocks Oklahoma courts from hearing tribal casino claims
Thursday, July 1, 2010
The Oklahoma state court system cannot hear or resolve claims at casinos owned by the Choctaw Nation, the Chickasaw Nation and the Eastern Shawnee Tribe, a federal judge ruled this week.
In a series of cases, the Oklahoma courts asserted jurisdiction over casino injury lawsuits. The courts determined that the Class III gaming compact allows for the claims to be heard in state court.
Judge Lee R. West disagreed. In his decision, he said a provision in the compact that says cases should be heard in a "court of competent jurisdiction" means only one thing..
"[T]his provision in the compacts refers only to the Nations' tribal courts," West wrote in the Choctaw and Chickasaw case.
As a result, West said the state courts cannot enforce pending claims against the two tribes. He said the state courts are barred from hearing future cases.
On Monday, West issued a similar judgment against the state in a lawsuit brought by the Eastern Shawnee Tribe.
Turtle Talk has posted documents from both cases, Choctaw Nation and Chickasaw Nation v. Oklahoma and Eastern Shawnee Tribe v. Oklahoma.
District Court Decisions:
Choctaw Nation and Chickasaw Nation v. Oklahoma
(June 29, 2010)
Eastern Shawnee Tribe v. Oklahoma (June 28, 2010) Related Stories:
Oklahoma tribes sue state over casino-related lawsuits (1/20)
Court opens Choctaw Nation to casino injury suit (11/6)
Eastern Shawnee Tribe v. Oklahoma (June 28, 2010) Related Stories:
Oklahoma tribes sue state over casino-related lawsuits (1/20)
Court opens Choctaw Nation to casino injury suit (11/6)
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