New Mexico Supreme Court rules tribal courts have jurisdiction over casino injury and damage cases
The New Mexico Supreme Court says personal injury lawsuits brought against tribal casinos can no longer be heard by state courts
ALBUQUERQUE, N.M. (AP) — The New Mexico Supreme Court on Tuesday ruled that tribal courts have jurisdiction over personal injury and property damage cases brought against Native American casinos, ending a long battle that saw pueblos and other tribes advocate for protecting sovereignty when such legal claims arise.
The decision stemmed from a 2016 lawsuit in which an employee of an electrical company claimed he was severely injured while making a delivery at Pojoaque Pueblo’s casino. The state Court of Appeals had reversed a lower court ruling that initially called for the case to be dismissed.
The tribe then asked the state Supreme Court to settle the question over jurisdiction.
In its ruling, the court pointed to previous decisions in two federal cases that effectively terminated a provision in tribal-state gambling compacts that waived sovereign immunity to allow jurisdiction to be moved from tribal court to state court for some damage claims.
