Analysis

Casino Ruling May Take Bargaining Chip Away From Tribes

By Andrew Westney (August 3, 2018, 9:31 AM EDT) -- A recent Tenth Circuit decision that a suit over a slip-and-fall at a Navajo casino belongs in tribal court bolsters tribes' authority over their businesses, but it could end up costing tribes leverage in negotiating business deals beyond gaming compacts.

A Tenth Circuit panel on July 24 reversed a district court decision that a personal injury suit against the Northern Edge Navajo Casino should be heard in New Mexico state court, saying that the Indian Gaming Regulatory Act doesn't permit tribes to give jurisdiction over tort claims to states and must tackle those claims in tribal court.

But while the circuit court...

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