Landmark Ruling Says New Mexico Casinos Can’t be Sued in State Courts

Landmark ruling says New Mexico casinos can't be sued in state courts

The New Mexico Supreme Court has ruled that personal injury lawsuits against tribal casinos must be heard in tribal courts rather than state courts. The ruling will be welcomed by the state's tribes, who have long viewed the issue as one of sovereignty.

Generally, in the United States, legal claims arising from incidents that occur on tribal lands fall under the jurisdiction of tribal courts. However, the situation in New Mexico is slightly different due to the controversial "visitor protection" provision contained in tribal gaming treaties. This allows such cases to be heard in state district courts under certain circumstances.

Sovereign Authority

Some civil litigants prefer to file lawsuits in state court because they believe they may not get a fair hearing, whereas tribal courts may favor casino interests.

But proponents of greater tribal sovereignty argue that tribal courts are fully capable of handling such matters fairly and impartially.

They also argue that the federal Indian Gaming Regulatory Act of 1988, which codifies tribal gambling rights, does not authorize state courts to exercise jurisdiction over personal injury lawsuits against casinos.

Tuesday's landmark ruling stems from a case brought by Jeremiah Sipp, a Dial Electric employee who sold light fixtures to the Buffalo Thunder Casino in Santa Fe.

In 2016, Shipp sued casino owner Pojoaque Pueblo in state court, claiming he was injured while delivering a light when a casino employee suddenly pressed a garage door on his head. Shipp claimed he was unconscious and suffered a cervical spine injury that required serious surgery.

Unanimous Resolution

Pojoaque Pueblo asked the state Supreme Court to resolve jurisdictional issues in the case. The court ruled unanimously in favor of the tribes on Tuesday, citing previous rulings in two federal cases that it said effectively struck down visitor protection regulations.

One of the lawsuits involves the Santa Ana Star Casino in Bernalillo, New Mexico, which is accused of serving excessive amounts of alcohol, leading to a fatal crash. "

Another case was filed by a plaintiff who slipped and fell at the Navajo Northern Edge Casino in Farmington, New Mexico. The U.S. Supreme Court declined to hear the case or overturn a lower court's decision that jurisdiction belonged to the Navajo Nation.

Pueblo Governor Jenelle Roybal wrote in a statement to Santa Fe New Mexico: "Pojoaque Pueblo is pleased with this important decision, which appropriately concludes the tribal gaming infringement lawsuit. Decision to transfer jurisdiction to the courts of New Mexico."

"This decision reaffirms the sovereignty of all Indian tribes and nations in New Mexico and affirms that the state is bound by gaming treaties with us. We look forward to implementing this decision in the future," Roybal added.