Legal Rights at Indian Casinos

[Stealth]

Many of you have been informed of the issue of the immunity Indian gaming has from US and State laws.


While this incident doe not relate directly to advantage play if does shine the light on the topic again.

http://archives.sfexaminer.com/sanfr...nt?oid=2601494

[Bodarc]

My first impression is that he is lying or seriously stretching the truth. However, according to Bob Nersesian on one of his pod casts on GWAE, your rights against indian casinos vary according to the compact they signed with the state. They aren't all the same. Sometimes you can sue in federal court and sometimes you can't.

[MJGolf]

When you get into different areas with tribes and the ones that maintain courts, you will find that under the Indian Gaming Act there is partial torts claim immunity waived as I understand it. Not sure that employment discrimination fits the bill but I do know that some employment discrimination does constitute a tort. But leave it up to the currently practicing attorneys to determine this but I think that this attorney may have just had a bad result or may not have been good enough to get past that threshold. Because CA law is VERY liberal in reference to employment law on behalf of the employee.

Here is a link that reflects that Indian tribes are concerned about the extent of sovereign immunity. I think that Bodarc is correct that the sometimes you CAN sue in federal court (and jurisdiction in federal court does include citizens of one nation against another in some respects). In all of the casinos here (all tribal entities) they have pamphlets on tort claim procedures. I think this is acknowledgement that there is some waiver of the immunity in certain situations.

http://www.indiangaming.com/istore/Jul09_Duran.pdf