Malfunction or Misfeasance; Indian law.
"A[n Alabama] circuit court judge has dismissed a lawsuit claiming an Indian casino is refusing to pay out a more than $1 million jackpot... on the grounds that the case was a tribal matter and the court didn't have the right to interfere.
Lee County resident Jerry Rape claims that lights flashed and sirens went off at Creek Casino Montgomery when he won more than $1 million on a 25 cent bet in November 2010. He says workers congratulated him, and one told him not to let the tribe cheat him out of the money.
The suit claims the tribe later claimed the slot machine had malfunctioned, and it refused to pay the jackpot."
http://www.cbsnews.com/8301-505245_162-57427072/judge-dismisses-al-mans-suit-over-casino-jackpot/
Its this naked and utterly unsupported claim of "malfunction" that riles me.
The court never had a chance to look at the claim of misfunction.
The tribe successfully challenged the jurisdiction of an Alabama court to hear the case, which by law can only be heard in the tribe's own tribal court.
The guy's lawyer says he'll appeal ... he should go pound sand instead: this area of the law is well-settled.
The claimant should hire an attorney who is familiar with the tribe's court and procedures and file his suit there, where it belongs.
This will be a good issue to ask Bob Nercessian about on my radio show next week.
Oh, I rather think I do.Quote: MrVYou don't get it.
>The claimant should hire an attorney who is familiar with the tribe's court and procedures and file his suit there, where it belongs.
Yep, a fair and neutral forum for sure.
Hallendale casino in Florida was just taken to task for massive violations of American labor law, so perhaps more USA laws are being imposed on these "foreign tribes".
Quote: MrVYou don't get it.
The court never had a chance to look at the claim of misfunction.
The tribe successfully challenged the jurisdiction of an Alabama court to hear the case, which by law can only be heard in the tribe's own tribal court.
The guy's lawyer says he'll appeal ... he should go pound sand instead: this area of the law is well-settled.
The claimant should hire an attorney who is familiar with the tribe's court and procedures and file his suit there, where it belongs.
He's toast. No kangaroo Tribal Court is going to rule against themselves.
Quote: FleaStiff"A[n Alabama] circuit court judge has dismissed a lawsuit claiming an Indian casino is refusing to pay out a more than $1 million jackpot... on the grounds that the case was a tribal matter and the court didn't have the right to interfere.
As far as I'm aware, Alabama state courts have as much jurisdiction over casinos on federally-recognized Indian lands as they do over casinos in Egypt. I wonder what Mr. Moak's logic was in filing in state court.
Are the tribal courts fair and impartial, or as we suspect, do they demonstrably favor the tribe?
The key, which I think we all understand, is that tribes are legally sovereign nations, and unless they have previously consented in writing to allow non-tribal courts to hear disputes, then only the tribe's own tribal court has power over cases which involve tribal property.
It is true: "Indian Country" is indeed its own country, with its own laws and procedures.
When we go there to gamble we go as Strangers in a Strange Land.
Mark
http://calvinayre.com/2011/11/24/casino/alabama-casino-says-1-million-jackpot-win-was-machine-malfunction/
Quote: MrVI am unaware of the eventual result of any similar type of case which was properly filed and litigated in tribal court.
Are the tribal courts fair and impartial, or as we suspect, do they demonstrably favor the tribe?
The key, which I think we all understand, is that tribes are legally sovereign nations, and unless they have previously consented in writing to allow non-tribal courts to hear disputes, then only the tribe's own tribal court has power over cases which involve tribal property.
It is true: "Indian Country" is indeed its own country, with its own laws and procedures.
When we go there to gamble we go as Strangers in a Strange Land.
The Indian gaming act gives federal courts jurisdiction over a number of potential disputes. Federal courts just won't listen to it until you have completely exhausted all of your options to be heard in tribal court. The federal courts can ALWAYS overturn tribal courts on any issue where a federal law or the constitution is in question, with or without the consent of tribal courts.
Tribes do have certain immunities, but most tribes have some waivers on their code books. Also, tribal courts are a lot better than you'd expect on average. Large tribes have a real judiciary and small tribes basically use non-Indian law professors from nearby schools. It is the mid-size tribes with lay judges you have to worry about.
This suit was tossed out of state court. Filing any suit there was a big fat waste of time. He needs to exhaust his tribal options then try for a federal claim.
