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.

Oklahoma Supreme Court Allows Tort Claims against Cherokee Nation in State Court under Gaming Compact

Here is the opinion in Cossey v. Cherokee Nation Enterprises from the Oklahoma Supreme Court, with several concurrences and dissents. And here are the briefs:

cherokee-nation-enters-brief-in-chief

tribal-amicus-brief

cossey-brief

cherokee-reply-brief