The Tribe moved to dismiss the tort action on the basis of tribal sovereign immunity to suit in state court, arguing that Oklahoma state courts may not exercise jurisdiction over a sovereign Indian tribe unless Congress or the Indian tribe has clearly consented to suit in state court or waived tribal immunity. ♤ The Dyes filed a tort action in the state district court in LeFlore County against the casino and the Tribe. ♣ On December 6, 2005, Danny Dye and Pat Dye (Dyes) visited the casino. ♢ The Choctaw Nation of Oklahoma, a federally recognized Indian tribe ♡ One question is presented in this appeal: Is the state district court a court of competent jurisdiction as used in the gaming compact between the Choctaw Nation of Oklahoma and the State of Oklahoma such that the district court may exercise jurisdiction over this Indian-country arising negligence action filed by a casino patron against the Choctaw tribe and its casino? We answer in the affirmative. Tawwater, Rex Travis Paul Kouri, Oklahoma City, Oklahoma, for The Oklahoma Association for Justice, amicus curiae. Cowan, Oklahoma City, Oklahoma, for Comanche Nation Gaming Corporation and Sac and Fox Nation Business Enterprises, Inc., amici curiae. Green, Ada, Oklahoma, for Chickasaw Nation, amicus curiae. Graydon Dean Luthey, Jr., Tulsa, Oklahoma, Diane Hammons, Tahlequah, Oklahoma, for Cherokee Nation and Cherokee Nation Businesses, LLC, amici curiae.ĭeanna Hartley-Kelso, Debra Gee, Stephen H. Arrow, Oklahoma City, Oklahoma, for defendants/appellees. Robert Lee Rabon, Hugo, Oklahoma, Dennis W. Walker, Fort Smith, Arkansas, for plaintiffs/appellants. OPINION OF THE COURT OF CIVIL APPEALS VACATED ĭISMISSAL ORDER OF THE DISTRICT COURT REVERSED ĭaniel W. We granted the Choctaw Nation's petition for certiorari review. The Court of Civil Appeals reversed and remanded the cause. The district court dismissed the petition. The Choctaw Nation moved to dismiss on the basis of tribal sovereign immunity. ♠ Danny and Pat Dye filed a petition in the state district court against the Choctaw Nation and its casino in Pocola, Oklahoma, to recover tort damages. THE SUPREME COURT OF THE STATE OF OKLAHOMAĭANNY DYE and PAT DYE, Husband and Wife, Plaintiffs/Appellants,ĬHOCTAW CASINO OF POCOLA, OKLAHOMA, and THE CHOCTAW NATION OF OKLAHOMA, Defendants/Appellees.

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