Oklahoma Supreme Court Allows Tort Claims in State Courts against Tribal Casinos

Expanding its decision in Cossey v. Cherokee Nation, the Oklahoma Supreme Court held that state courts have jurisdiction over tort claims against tribal casinos in the companion cases Griffith v. Choctaw Casino of Pocola and Dye v. Choctaw Casino of Pocola. An excerpt from Griffith:

We recently handed down our opinion in Cossey v. Cherokee Nation Enterprises, LLC, 2009 OK 6, — P.3d —-, (mandate issued June 11, 2009), holding that the state district court is a court of competent jurisdiction as that phrase is used in the Cherokee Nation’s tribal gaming compact. Today, in separate opinions in this case and in the related case of Dye v. Choctaw Casino of Pocola, Oklahoma,2009 OK 52, 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 therefore the state courts may exercise jurisdiction over the tort claims against the Choctaw Nation and its casino in Pocola, Oklahoma.

4 thoughts on “Oklahoma Supreme Court Allows Tort Claims in State Courts against Tribal Casinos

  1. jpw July 3, 2009 / 1:33 am

    that is good to hear. If the tribes did not want their cases to be heard in state court, they should have done one of two things – (1) either negotiated with the state to restrict the definition of “court of competent jurisdiction” or (2) with respect to the choctaw nation actually had a tribal court to hear the matter at the time it entered into the compact.-

  2. Mike Turner August 24, 2009 / 11:25 am

    My 2 cents here is Oklahoma forgets that the Organic Act of 1890 forbids them from having Lotteries and Games of Chance its okay for them to violate there obligations of contracts with congress and yet they, (them) can black mail the Indians into compacts and place burdensome obligations on tribes, some Tribal Leaders being to docile to object. Solicitor Felix Cohens opinion about the Tribes in Oklahoma is flawed concerning the Treaty Tribes on the West Side……

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